"All I've got is my underwear. It's the most brilliant thing that's ever been created from a marketing perspective. You can't stop it," said Burck, 37, who said he filed suit on the advice of lawyers and trademark experts.
The M&M appears for a few seconds in a five-minute looping advertisement that also features other New York icons. The case will be heard in Manhattan federal court. Burck began his career as a street performer in 1998, and has appeared on numerous TV shows and music videos. Link -via YesButNoButYes