September 7, 2011 20:42
Madonna’s request to throw out 'Material Girl' clothing court case rejected by judge
Trial over trademark dispute will go ahead
According to Billboard, federal judge James Otero denied claims from the singer’s company MG Icon that she is a "senior user" of the 'Material Girl' trademark, and ordered that the dispute between her Material Girl Brand company and the clothing retailer LA Triumph would proceed to trial.
Madonna launched her clothing line with her daughter Lourdes in 2010, but was issued with a lawsuit from LA Triumph last year after they claimed they had been selling their own 'Material Girl' range since 1997 and had registered the trademark.
The singer’s lawyers had argued that she had used the trademark first by releasing her 1985 single of the same name and by selling $85 million (£53.2 million) worth of 'Material Girl' merchandise. However, Otero rejected their claims and said:
Defendants' argument that Madonna created the 'Material Girl' mark through her performances fails as a matter of law. This Court and other courts have recognized that the singing of a song does not create a trademark.
The case will now be heard in front of a jury and is expected to go to trial in October. The American department store chain Macy’s, which has been selling the singer's 'Material Girl' range, has also been named as a co-defendant.
Earlier this week, Madonna confirmed that she would release her new album next spring, and is currently working on the record with producer William Orbit.
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