In 1985 Madonna released the single “Material girl” from the hit album “Like a Virgin”. Madonna explained that the song reflected her life’s situation at that time. The song reached the number two position of the Billboard Hot 100 in the United States, becoming her third top-five single there.
The Queen of Reinvention is now being sued for using the name Material Girl.
Madonna has a clothing brand bearing that name. This is, however, considered trademark infringement by L.A. Triumph, Inc. This California based company sells a clothing line under the name Material Girl, and has been doing so since 1997. They also own a trademark registration for that name.
Madonna’s representatives have stated that there was clearly prior use, because she performed the song already in the mid-eighties.
MarkMatters.com thinks this is a clear case of identical trademarks and identical goods, but we will see. The trial is to start in October.