Los Angeles, CA, United States (Celebrity News Service) – We all know Madonna as the “Material Girl,” but that doesn’t seem to quite hold up in court. The singer’s “Material Girl” trademark claim was rejected by a federal judge.
L.A.-based retailer LA Triumph sued Madonna over her “Material Girl” clothing line at Macy’s, a collaboration between her and her daughter Lola. LA Triumph says they’ve been selling “Material Girl” clothes since 1997 and have the trademark registered.
Now Madonna is fighting for her Material Girl Brand, saying she dropped the popular single “Material Girl” back in 1985 and was the first to use the phrase and bring it to fame.
Legally, that’s where things get sticky and not so sweet for Madonna. California Judge S. James Otero said that Madonna’s use of her “Material Girl” song and performances as an argument “fails as a matter of law.” Ouch.
“This court and other courts have recognized that the singing of a song does not create a trademark,” he added.
It also didn’t help that Madonna sold $85 million worth of “Material Girl” merchandise back in the ’80s because concert souvenirs aren’t strictly clothing. But the judge will allow a jury to decide when the case goes to trial in October.
Madonna might then be forced to pick a new name for her clothing line and we’re sure there’s a few other song titles in her arsenal that could work. What do you think? Could there be a “Lucky Star” line at Macy’s soon instead?