Minor Malorum Duorum

There's an ad campaign for M&M candies showing an anthropomorphic candy wearing a cowboy hat, boots, tighty-whitey underpants, and playing a guitar. There's a street performer in NYC's Times Square who hangs around all day wearing a cowboy hat, boots, tighty-whitey underpants, and strumming a guitar. The latter is suing the former for copyright infringement.