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Madonna Material Girl Ad for Macys

Image from fanpop.com

Women’s Wear Daily today reports on a matter that was covered on this blawg last August (Madonna’s Macy’s Material Met By Mark Lawsuit), namely an attempt by an LA company to put a stop to Madonna and Macy’s ‘Material Girl’ clothing line.  The Plaintiff, L.A. Triumph, Inc, argues that it has the prior rights to the “MATERIAL GIRL” mark, though it appears that these rights are unregistered and therefore limited to the extent of its reputation.

On August 31, 2011, District Judge S. James Otero refused to throw out the lawsuit, rejecting Madonna’s argument that she holds the earlier rights to the “MATERIAL GIRL” mark by virtue of her 1984 hit of the same name.   The case will now go to trial or, perhaps more likely, end in a settlement.

The Material Girl line appears to have been reasonably popular at Macy*s here in New York, whether due to or in spite of it being promoted by Kelly Osbourne.  Either way, we’ll keep an eye out for any changes in Herald Square.

FYI:

There are still no registrations for “MATERIAL GIRL” at the USPTO.  The following have been applied for by MG Icon LLC (a Madonna company), but there is no indication of L.A. Triumph having registered any marks, ever.

Serial no. 77886045, filed Dec 4, 2009, published July 20, 2010 (originally applied for by Material Girl Brand, LLC, but subsequently assigned)

Serial no. 85036126, filed May 12, 2010, published April 19, 2011

Serial no. 85116651, filed August 26 2010, published for opposition February 8, 2011 (applied for after the start of this law suit)