Naked Cowboy v. CBS
United States District Court for the Southern District of New York
844 F. Supp. 2d 510 (2010)
The well-known Times Square street performer known as the Naked Cowboy (plaintiff), who owned a trademark for that name, sued CBS (defendant) after an episode of The Bold and the Beautiful featured a character performing in the same briefs-boots-hat-guitar costume (without the term 'naked cowboy' ever appearing on screen or being spoken), and CBS then posted the clip to YouTube under the title 'The Bold and the Beautiful -- Naked Cowboy,' tagged it with the words 'naked' and 'cowboy,' and purchased advertising giving the clip 'featured video' status for searches of 'naked cowboy.' CBS moved to dismiss the trademark-infringement claim.
Whether a defendant infringes on an owner's trademark rights if it does not use the mark in commerce.