A judge on June 23 stripped away claims in a lawsuit filed against Mars Inc. by a Times Square entertainer known as the Naked Cowboy but said he could still argue in court that the candymaker borrowed his racy look for its blue M&M.

U.S. District Judge Denny Chin said a jury would have to decide whether Mars’ advertising campaign left the impression that Robert Burck, who became a tourist attraction for strumming a guitar while wearing just boots, underpants and a hat, had endorsed the product.