 Madonna had the senior right over the Material Girl trademark just because she performed the pop song “Material Girl” in 1984 although L.A. Triumph has been selling their own Material Girl clothing since 1997.
Atlanta fashionistas, a year has transpired since a lawsuit was filed against the Material Girl herself, Madonna, for coming out with her own clothing line retailing at Macy’s stores called what else but Material Girl.
Madonna had hoped that the judge presiding over the case filed by apparel manufacturer L.A. Triumph would throw the lawsuit out of court but no such luck – per sources, the suit will go ahead!
Madonna’s camp are saying that her 1984 song had been copyrighted during the 80’s but while that is true, there is no merchandise trademark for Madonna by the name of “Material Girl.”
L.A. Triumph has been selling their own Material Girl clothing since 1997, whereas, Madonna’s line by the same name has only been selling at Macy’s since Fall of 2010!
If Madonna had sold merchandise under the brand “Material Girl” at any given time, she may now have had a leg to stand on. In light of all the fashion merchandising that’s been going on in the last decade or so, Madonna could’ve clearly capitalized on the “Material Girl” theme – especially all those fashion trends that she started such as fingerless lace mittens, flounced skirts, bra tops, oxford shoes and so on…
The very enterprising Madonna who became so wrapped up in raising funds for her AIDS charity, of which she has been accused of keeping most of the proceeds for herself, could’ve gone into fashion merchandising and made an absolute killing!!!
Unfortunately, on August 31, a year after the suit was filed in the U.S. District Court in Los Angeles, Judge S. James Otero rejected an argument from MG Icon, which is a joint venture between Madonna, her manager, Guy Oseary, and Iconix Brand Group Inc., that Madonna had the senior right over the Material Girl trademark just because she performed the pop song “Material Girl” in 1984.
Material Girl’s ad campaign for Macy’s stars Kelly Osbourne and is geared towards the Juniors and Misses set.
http://www.examiner.com/fashion-in-atlanta/madonna-sued-over-material-girl-clothing-line |
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