Pop star Madonna does not own the trademark to the term ‘Material Girl’, a judge has ruled.

The US singer-turned-actress and film director had a Billboard hit with Material Girl in 1985, and claims to have made the phrase globally recognizable.

But she is in the process of being sued for the use of the ‘Material Girl’ for her own clothing range, with LA Triumph claiming to have owned the trademark since 1997.

Madonna was attempting to have the case thrown out by the courts, but Federal judge James Otero insisted the matter must now proceed to trial.

“The singing of a song does not create a trademark,” he wrote.

Judge Otero said that Madonna’s claim to the ‘Material Girl’ mark – a moniker which has stuck with her over the years – fails as a matter of law.

As such, LA Triumph – which claims to have held trademark rights for 14 years – could see its claim on the trademark confirmed by the courts.

The case is expected to go to trial in the autumn.

Madonna set for court over ‘Material Girl’ trademark

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