Chin threw out the cowboy’s claims that his likeness had been used without permission, saying that it wasn’t exactly his likeness, but a parody. Basically, he was like, you’re a joke, Cowboy, deal with it — kind of harsh, but whatever, when you consider he allowed the Naked Cowboy to walk away clothed in a shred of dignity:
The complaint plausibly argues that consumers would believe that the M&M cowboy characters were promoting a product rather than merely parodying the Naked Cowboy, and that viewers would believe the Naked Cowboy had endorsed M&Ms. Hence, the complaint has alleged sufficient facts to support a false endorsement claim.
Thus, the NC is allowed to proceed with his $6 million suit, and gets one step closer to drifting down a caramel river on a fluffy bed of nougat.
Naked Cowboy will get his day in court [Judgment via National Post]
Earlier: Naked Cowboy Wins First Battle Against M&M