Who holds the trademark on being naked?

These days, everyone thinks they do.  Robert Burck, aka “The Naked Cowboy,” is a tourist attraction and popular fixture in New York’s Times Square. He is now suing Sandy Kane, who refers to herself as “The Naked Cowgirl.” The compensation: $150,000 smackeroos.

Burck served Kane with a cease-and-desist order, claiming that the cowgirl’s act is identical to his own and infringes upon the Naked Cowboy’s trademark. Burck offered Kane a compromise: she could pay $5,000 a year and be able to use the trademark as part of a franchise agreement. Kane declined, saying she only makes $2 per photo.

Someone needs to tell Louisa Holmlund, the real naked cowgirl about this. I tend to think J. Q. Public would prefer Louise, who is the official naked female and under the cowboy's trademark.

Burck sued M&M’s and Mars asking for up to $100 million in punitive damages and lawyer fees. Burck and Mars, Inc. both agreed and stipulated that the action be dismissed with prejudice, with each party bearing his own costs and attorneys’ fees. The terms of that settlement were never disclosed.