8.23.2010

Details on lawsuit revealed

Madonna Sued by Clothing Company Over 'Material Girl' Mark

Pop entertainer Madonna was sued for trademark infringement by a California clothing company.

L.A. Triumph Inc. of Cerritos, California, says it and its predecessor have been selling a line of women's clothing under the trade name "Material Girl." The predecessor company -- OC Mercantile Corp. -- registered a state trademark for the term in 1997 in California, according to the complaint filed Aug. 19 in federal court in Los Angeles.

Madonna's line of "Material Girl" clothing, and an associated website, which were introduced in 2010, infringe the trademarks and cause confusion in the marketplace, L.A. Triumph claims in its court filings. The company also objects to an application filed with the U.S. Patent and Trademark Office in December 2009 to register "Material Girl" as a trademark.

L.A. Triumph claims because it used the mark first, Madonna and her MGB Inc. company have no right to the trademark.

It asked the court to declare it alone has the right to the "Material Girl" mark for clothing, and that the pending trademark application should be denied. The company also requested money damages. It said it will add as defendants the retailers that are selling Madonna's clothing line.

L.A. Triumph is represented by Christopher W. Arledge, Imran Farooq Vakil, and Peter R. Afrasiabi of One LLP of Newport Beach, California.

The case is L.A. Triumph Inc., v. Madonna Louise Veronica Ciccone, 2:10-cv-06195-SJO-JC, U.S. District Court, Central District of California (Los Angeles).

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Jeannie

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