The Naked Cowboy Threatens The Naked Cowgirl with Trademark Infringement Lawsuit After She Refused to Become a Franchisee

July 22nd, 2010

Time Square icon The Naked Cowboy is threatening The Naked Cowgirl with a lawsuit and fines up to $150,000.

Robert Burck is the original Naked Cowboy and also the owner of the ‘NAKED COWBOY’ trademark. In a bid to enforce his brand rights, he sent a cease-and-desist letter to Sandy Kane, who has proclaimed herself as The Naked Cowgirl and who also began to appear in Times square donning a red, white and blue cowboy hat and matching bikini several years ago.

trademark infringement attorneyIn an article posted on the New York Post earlier today, Sandy Kane is characterized as, “a fixture of the city comedy scene and former stripper famous for closing her act by lighting her breasts on fire.”

Apparently the dispute began when a failed Naked Cowboy / Naked Cowgirl duet soured the relationship between the two scantily clad cowboy enthusiasts. At some point Kane approached Burck with the idea of two collaborating on a duet and Burck was amenable to the idea but he stipulated that Kane would first need to sign a Naked Cowboy franchise agreement costing $5,000 a year or $500 a month.

Kane turned down the franchise agreement and instead recorded the song with a replacement that she dubbed “The Cowboy.” This was the catalyst for Burck to send a cease-and-desist letter to Kane requesting that she cease use of The Naked Cowgirl mark.

In regards to Burck’s case-and-desist letter, Kane didn’t sound very concerned and made note that she had yet to sell a single copy of the song, she said, “The song ain’t going anywhere anyways.” Speaking The Cowboy replacement, Kane said “It’s not like he’s Tim McGraw or Keith Urban.”

Somewhat surprisingly, Burck is offering a slew of merchandise and services utilizing the Naked Cowboy trademark. In terms of The Naked Cowboy merchandise, Naked Cowboy fans and enthusiasts can purchase all sorts of things including; a pre-release album download, a pre-release cd, Naked Cowboy autograph, Naked Cowboy t-shirts, a funny moments dvd, a Naked Cowboy cd with your name as the executive producer, and Naked Cowboy’s underwear.

What’s more surprising and somewhat comical (although some may be affronted by the notion that this somehow harms the sanctity of marriage- it just might) Burck offers his services as the Reverend Naked Cowboy for just $499 to couples wishing to get married in an undoubtedly memorable ceremony.

For related articles;

NYPost – Cowboy: ‘Naked’ rip-off!