Naked Blue M&Ms and Endorsements

What better way to dive back into regular blogging than to discuss the Info/Law implications of a naked blue anthropomorphized M&M in Times Square? A recent decision by Judge Denny Chin in New York federal court involved two billboards in Times Square advertising M&M candies. The video animation in the billboards depicted M&Ms in various iconic scenes of New York City: an M&M hailing a cab, an M&M as the Statute of Liberty, an M&M as King Kong scaling the Empire State Building, and so on. Among these was a blue M&M dressed up like “The Naked Cowboy,” a long-time street performer who appears in Times Square in nothing but his boots, hat, undies, and strategically placed guitar. (Wikicommons image here.) The performer behind the character, Robert Burck, sued M&M maker Mars Inc. and its ad agency for two claims. First, he... [read full story]