FASHION LAW: MADONNA IS COUNTER-SUING HARD CANDY LLC AND WAL-MART STORES

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The Queen of Pop is being sued over the name of her Hard Candy Fitness brand. Back in October, Madonna was accused by beauty and fashion company, Hard Candy LLC of stealing their name to sell her own exercise DVDs and apparel. The case claims that the songstress continued to sell goods under the Hard Candy name in 2011 despite a previous refusal from the United States Patent and Trademark Office. The plaintiff argues that unless the court restrains the defendants, it will continue and/or cause irrevocable harm and injury to the Hard Candy brand. The firm has filed a lawsuit in federal court for trademark infringement and unfair competition. Legal action has also been taken upon Madonna’s manager, Guy Oseary; however Hard Candy, LLC. stresses that the “Material Girl” singer is the majority force behind the infringing activity.

Madonna and Hard Candy Fitness LLC is now countering legal action against the cosmetics company and Wal-Mart Stores Inc. of infringing her trademarks for clothing and related goods.

Madonna released her 2008 multiplatinum album, “Hard Candy” and ventured on a global tour with revenues north of $400 million – with merchandise bearing the “Hard Candy” mark, according to Madonna’s countersuit. Madonna’s brand is suing Hard Candy LLC for using the mark first in its own non-cosmetic products. Hard Candy Fitness is suing for financial losses and trademark dilution.

The case is Hard Candy Fitness LLC v Hard Candy LLC and Wal-Mart Stores Inc., case number 1:13-cv-23705, in the U.S. District Court for the Southern District of Florida.

News reference via Law 360

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