New York judge rules ` ` Naked Man '' Robert ' can sue Mars Inc. over ads . Burck sued Mars , ad agency in February for trademark infringement , privacy rights . Ad showed guitar - playing M & M dressed in white shirt , boots , underwear . The Naked Cowboy is part of the scenery at New York 's Times Square . Judge denied privacy claim , saying that law only protects private persons .
New York judge rules ` ` Naked Man '' Robert ' can sue Mars Inc. over ads . Burck sued Mars , ad agency in February for trademark infringement , privacy rights . Ad showed guitar - playing M & M dressed in white shirt , boots , underwear . Judge denied privacy claim , saying that law only protects private persons .