ENTERTAINMENT LITIGATION: MADONNA'S BATTLE OVER "MATERIAL GIRL" TRADEMARK
STAR OF SUPER BOWL XLVI HALFTIME SHOW FOUGHT FOR "MATERIAL GIRL" TRADEMARK RIGHTS IN CLOTHING
Before her appearance at the Super Bowl festivities this weekend, singer/songwriter Madonna was locked in a battle over the trademark "Material Girl" with a clothing manufacturer who has been manufacturing clothing under that name for almost 15 years. In 2010, Madonna's company and retailer Macy's began to sell a line of clothing under the "Material Girl" name. The clothing manufacturer sued Madonna and others.
In a motion for summary judgment last summer, the company defendants claimed that Madonna obtained a trademark over the phrase "Material Girl" as a result of her hit song of the same name and related sales of goods and merchandise with that name
After the jump, I'll summarize the court's analysis and describe why I believe that Madonna should be afforded trademark rights to "Material Girl" as a result of the popularity of her song and her public persona as the quintessential "Material Girl."
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DC Comics, publisher of the original Batman comic strip, filed a lawsuit against the manufacturer and seller of vehicle modification kits that allow a consumer to create his or her own "Batmobile." The original Batmobile (pictured on the right) was an integral part of the 1960s television series based upon the DC comic books. "Gotham Garage" sold kits allowing consumers to build and own a replica of the iconic Batmobile. DC Comics sued, alleging that the replicas infringe upon their copyright to the Batmobile.
