London: A US court has adjudged that a lawsuit, which accuses Madonna of using the name ‘Material Girl’ illegally for her new clothing line, should go to trial.
Retailer LA Triumph filed the suit last year, claiming that it had been selling a range with the same name since 1997 and owned the trademark, but the singer’s lawyers believed that she was its ‘senior user’, as she had already released a 1985 hit song of the same name.
But now, Federal judge James Otero has disagreed to the ‘Justify My Love’ singer’s claims and opined that the dispute must be settled in a trial.
“The singing of a song does not create a trademark,” the BBC quoted him as writing, adding that the defendants’ argument ‘fails as a matter of law’.
The trial is expected to begin in October.