Madonna doesn't own the phrase 'Material Girl' just because she had a hit with a song of the same name, a California judge has determined.
The federal judge has rejected the pop star's argument that she has established trademark primacy over Material Girl for a line of clothing.
Madonna and her company, Material Girl Brand, are fighting a lawsuit filed by bosses at Los Angeles clothing firm LA Triumph last year (10) over their Material Girl clothing, which has been on the market since 1997.
The pop superstar requested a dismissal after insisting she created the Material Girl concept with the hit song in 1985.
In his ruling, Judge S. James Otero writes, "The defendants' argument that Madonna created the Material Girl mark through her performances fails as a matter of law. This Court and other courts have recognized that the singing of a song does not create a trademark."
A trial is scheduled for October (11) and if LA Triumph wins the battle, Madonna may be forced to pick a new name for her clothing line.