Who do you think about when you see the Material Girl? Yes I'm sure we all associate the nickname "Material Girl" as a synonym to Madonna. Well that is exactly what is being fought about in court. The rights to the Material Girl trademark.
Madonna is not the only Material Girl, according a California judge about singer's claim that she is the "senior trademark user" of the Material Girl tag.
"This court and other courts have recognized that the singing of a song does not create a trademark," explained judge S James Otero.
LA Triumph, which has sold a Material Girl fashion line since 1997, is the other party involved in the lawsuit.
This isn't the case of Madonna suing LA Triumph, accusing the label of selling clothes with her nickname. Instead, the lawsuit was brought by LA Triumph clothing brand against the Queen of Pop: it is challenging Madonna's new Material Girl imprint, sold at outlets such as Macy's.
LA Triumph insists it has exclusivity to the tag. They have been using the phrase since 1997, according to court documents, and registered rights to the Material Girl trademark.
Well LA Triumph may have been selling Material Girl clothing since 1997, but as Madonna's lawyers point out, she has been singing Material Girl since 1985. Madonna Louise Veronica Ciccone is the Material Girl, they claim, and she has been selling related merchandise for about 25 years. But judge Otero insisted that concert paraphernalia is not the same as retail clothing sales.
The Material Girl trial is scheduled for October. I guess we will see then if Madonna is ultimately the only Material Girl.
Do you think Madonna should have the rights to the Material Girl Trademark?
