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Madonna's 'Material Girl' May Not Be Her Own Material

Posted on Sep 7th 2011 4:20PM by Contessa Gayles
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MadonnaMilestone Media/Bauer-Griffin.com

You may know Madonna as the one and only 'Material Girl,' but apparently the name isn't exactly her own material. A federal judge in California has rejected the pop icon's claim that she is entitled to an already established trademark for the name 'Material Girl,' the name of her clothing line and 1985 hit single.

Madonna and her company, Material Girl Brand, are fighting a lawsuit they were slapped with last year by LA Triumph, a Los Angeles-based clothing retailer that claims to have been selling their own 'Material Girl' clothing since 1997 and who owns the registered trademark.

Ahead of an upcoming October trial, Madonna's camp is fighting the lawsuit by citing her hit song, claiming it brought the phrase 'Material Girl' into vogue more than 25 years ago. In court papers, Madonna allegedly said that she is "the Material Girl," and the initial user of the term starting in 1985.

California Judge S. James Otero basically laughed off the claims and stated, "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 judge also rejected arguments that $85 million worth of 'Material Girl'-related merchandise sales in the 1980s is enough to establish Madonna's brand as the "senior trademark user."

We'll see how Madge does in court next month. Do you think she deserves dibs on the 'Material Girl' trademark?

Watch Madonna's 'Material Girl' Video




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24 Comments

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alfredschrader

"Material Girl" song is Copyrighted, but in order to use it as a brand name, it has to be registered as a Trademark.
Even this is miniscule compared to what has happened to me. I discovered the graviton particle in 2,002.
You can't patent an atomic particle, it's not an invention, it's a discovery. Since then, there are over 220,000 references to the graviton including websites, wristwatch companies, musical groups, software corporations, artistic websites, on and on all of which I never got or get a penny from......Alfred-

September 08 2011 at 5:45 AM Report abuse rate up rate down Reply
Marty Hunter

It's just a phrase. Madonna needed to get it trade marked. She did not. The song doe's not entiltle her to the name. A little too late Madonna! I love you to death, but I think you let this one slip through your fingers. You won't get Vogue either! the magazine has you beat. Virgin is taken as well! the record label. Maybe you should trade mark Express yourself.

September 08 2011 at 4:34 AM Report abuse rate up rate down Reply
gharison43

It doesn't matter how much merch she sells. If Madonna failed to trademark her phrase, it's her own fault. And seriously, does she have nothing better to do with her time than bully some small LA-based company? There's a reason that she has a reputation for being a mean-spirited b*tch.

September 08 2011 at 3:51 AM Report abuse +2 rate up rate down Reply
1 reply to gharison43's comment
Risa

That other company is suing her..NOT the other way around.. i do agree with you though.. doesnt she have enough already??

September 08 2011 at 5:48 AM Report abuse rate up rate down Reply
sfthick

Who the hell does she think she is?

September 08 2011 at 3:17 AM Report abuse +1 rate up rate down Reply
sfthick

Who the hell does she think she is?

September 08 2011 at 3:17 AM Report abuse +1 rate up rate down Reply
sfthick

Who the hell does she think she is?

September 08 2011 at 3:17 AM Report abuse rate up rate down Reply
Craigo

She should have registered Material Girl Brand in the 80's.

September 08 2011 at 3:10 AM Report abuse +1 rate up rate down Reply
Carolyn

to Buckingham - did you even read the article? Its about her clothing line - not the song -

September 08 2011 at 2:42 AM Report abuse rate up rate down Reply
Buckingham's

What a surprise...Madonna copied or stole someone else's music.

September 08 2011 at 2:27 AM Report abuse +1 rate up rate down Reply
pf92079

While everyone knows Madonna as the Material Girl, it's her own dang fault she neglected to trademark it. She's had a reputation for being an astute businesswoman and a slew of lawyers to back it up. However, sorry to say if she's dumb enough to miss the basics, tough luck - she blew and yes, the other folks (whoever they are, never heard of them!) were smarter in their actions. It's not the first time this has happened to a big corporation. She used that phrase from 1985 and did N-O-T-H-I-N-G about it, even when they first claimed it in 1997? Now another 14 years later, it's an issue. Sorry but Madonna and her people blew it. Legally, she is out.

September 08 2011 at 2:12 AM Report abuse +2 rate up rate down Reply
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