NEW YORK ( CNN ) -- I like it when I 'm right , especially about naked men . Especially about naked cowboys . A federal judge 's opinion includes side-by-side photos of the key players in The Naked Cowboy case . When I wrote in April that the lawsuit filed by Robert Burck `` may be the end of the era of the `` naked '' cowboy and predicted he would be able to afford some `` very nice duds , '' my fellow lawyers laughed at me . One close friend -- let 's call him Larry -- said as he snickered , `` I read your article . You ca n't be serious . You really think that the Naked Cowboy is going to cash in ? Well , I predict he is going to get thrown out of court . If he does n't , maybe I will start walking around my office in my tighty whities . '' Last week , U.S. District Court Judge Denny Chin did n't throw the cowboy from his steed . In fact , in a lengthy decision , Judge Chin ruled against the makers of M & Ms , rejecting Mars , Inc. 's attempt to dismiss the Cowboy 's lawsuit . And it seems that Judge Chin has a sense of humor . On the first page of his decision , the judge pasted photos of the litigating parties side by side and wrote , `` This is the case of The Naked Cowboy versus The Blue M & M . '' And what a case it is . Burck sued Mars in April for $ 6 million in federal court in New York . The central allegation : trademark infringement under the Lanham Act , arising from a video billboard for M & Ms . Most people , and maybe Mars , thought the Cowboy was just a kooky street entertainer dressed in his underwear . However , I 've spoken to Mr . Cowboy , I mean , Mr. Burke , and he did n't seem kooky to me at all . In fact , he seemed kinda smart . Even Judge Chin recognized that The Naked Cowboy is no ordinary street entertainer . Although he performs in New York City 's Times Square in little more than underwear and a smile , he has registered trademarks to `` The Naked Cowboy '' name and likeness . And he does n't just sing in Times Square . He has a Web site http : //www.nakedcowboy.com/ with his modeling photos and has a link to nakedcowboy.tv . You can download his music on iTunes . You can buy his tighty whities from his online store for $ 15 . He even has a podcast . Judge Chin observed that `` Burck has appeared as The Naked Cowboy in various television shows , movies , and video games . He has also licensed his name and likeness to companies for endorsements and advertisements . He even appeared in a Chevrolet commercial that aired during Super Bowl XLI . Judge Chin then explained that `` beginning in April 2007 , Mars began running an animated cartoon advertisement on two oversized video billboards in Times Square , featuring a blue M & M dressed `` exactly like The Naked Cowboy , '' wearing only a white cowboy hat , cowboy boots , and underpants , and carrying a guitar . '' And get this -- the video `` played on a continuous loop every few minutes over a nine-month period . '' Mars tried to defend itself by arguing that the Blue M & M was just a parody of the Cowboy and was protected under the First Amendment . Although imitation is supposed to be the sincerest form of flattery , Judge Chin did n't agree with M & M 's parody argument . Rather , Judge Chin thought it was a question for a jury to decide and wrote that 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 that The Naked Cowboy had endorsed M & Ms . '' Then Judge Chin ordered the lawyers to appear in his courtroom for a pretrial conference on July 11 at noon . High Noon . That Judge Chin makes me laugh . Round One to the Cowboy . Larry , maybe you should start walking around the office in your tighty whities .
Federal judge rejects M & Ms maker 's parody defense . He notes that Mars , aka Cowboy , registered his trademark . Burck is suing M & M , the maker of Mars Inc. , for copyright infringement . Case involves guitar-slinging blue Mars Inc. in cowboy hat , white underpants .