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