Madonna is often called pop culture’s great influencer. But according to beauty and fashion brand Hard Candy, the superstar maliciously swiped their name in order to hawk fitness DVDs and apparel.
The Florida company, founded in 1995, filed a lawsuit in federal court for trademark infringement and unfair competition, claiming the mogul mom, 55, began selling her goods under the Hard Candy name in 2011 — despite a previous rejection from the U.S. Patent and Trademark Office.
“Defendants’ actions have caused and will cause Hard Candy, LLC irreparable harm for which money damages and other legal remedies are inadequate,” federal court papers state. “Unless Defendants are restrained by this Court, Defendants will continue and/or expand the improper activities alleged in this Complaint and otherwise continue to cause great and irreparable harm and injury to Hard Candy, LLC.”
Though Hard Candy is also suing Madonna’s longtime manager, Guy Oseary, they claim the controversial singer “is the driving force behind the infringing activity, taking credit herself for the initial selection and subsequent expansion,” the documents continue.
The company is seeking financial damages, and for the star to cease using their name completely.
Madonna isn’t giving up without a fight. Beauty and fashion brand Hard Candy sued the “Material Girl” crooner and her manager Guy Oseary for copyright infringement and unfair competition, claiming the pop star stole the company’s name to sell her fitness apparel and DVDs in 2011 even after her U.S. Patent and Trademark application was rejected. But now RadarOnline.com can exclusively report that Madonna requesting the court dismiss the case! n documents obtained by Radar, Madonna claims that because she has never done business in Florida (Hard Candy is a Florida-based company), the court doesn’t have jurisdiction over them!
“This Court may not exercise general jurisdiction over any of the New Defendants because none of them has ‘continuous and systematic general business contact[s]’ with Florida such that they can be determined to have ‘engaged in substantial and not isolated activity within this state,’” the documents read. The “Vogue” singer also argues that neither she nor her manager had any say in the trademark management decisions. In fact, she alleges that she only has final say on the creative aspects of the business – not operational decisions. Madonna claims she has had only two personal interactions with HCF, the third-party company she gave the rights to use her unregistered trademark.
Because she wasn’t involved with the decisions, Madonna is requesting that the suit be dropped.