F

or more than a dozen years Robert Burck has been one of those peculiar New York City sensations: a goofy eccentric who’s parlayed a harebrained gimmick into a full-time gig. His alter ego, the Naked Cowboy, has delighted tourists and annoyed New Yorkers who can’t avoid Times Square. But now, Burck feels his territory is being encroached on by another goofball who calls himself the Naked Indian.

It’s an odd twist on the founding of our country when a cowboy is complaining about being invaded by an Indian, but it doesn’t seem like Burck is going to be smoking a peace pipe anytime soon. Burck feels that his shtick—playing guitar in nothing but a cowboy hat, boots and briefs—is being too closely copied by the Naked Indian (real name Adam David), who plays guitar wearing nothing but a headdress, boots, and briefs.

Burck is trying to get David to join his company, Naked Cowboy Enterprises, which features Naked Cowgirls and other street performers. If David doesn’t, Burck or will take him to court.

We’re not sure if one can copyright the whole naked-guy-with-guitar thing, so whether Burck has a case remains to be seen. One thing we are sure of is that neither of these guys are actually naked. That may be good for the folks in Times Square, but we can’t help but feel there’s a class action suit waiting to be filed for false advertisement.