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."