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Hard Candy Fitness Lawsuit


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Madonna Sued For Using the ‘Hard Candy’ Name

Update:

RadarOnline.com reports that Madonna requested the court to dismiss the case.

In 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!

The document reads…

This Court may not exercise general jurisdiction over any of the New Defendants because none of them has ‘continuous and systematic general business contact
’ with Florida such that they can be determined to have ‘engaged in substantial and not isolated activity within this state.

Madonna apparently 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.

The original article continues below:

Beauty and fashion brand Hard Candy filed a lawsuit in federal court for trademark infringement and unfair competition. The Florida company, founded in 1995 claims Madonna began using the Hard Candy name in 2011 – despite a previous rejection from the U.S. Patent and Trademark Office.

Read the full documents, courtesy of Radar Online.

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.

Hard Candy is also suing Madonna’s longtime manager, Guy Oseary, but claims Madonna “is the driving force behind the infringing activity, taking credit herself for the initial selection and subsequent expansion.”

The company is seeking financial damages, and Madonna to cease using their name completely.

Read more: http://www.madonnarama.com/posts-en/2014/06/03/madonna-sued-for-using-the-hard-candy-name/#ixzz37Y3EIERe

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Madonna Sued For Using the ‘Hard Candy’ Name

Update:

RadarOnline.com reports that Madonna requested the court to dismiss the case.

.......

The original article continues below:

Beauty and fashion brand Hard Candy filed a lawsuit in federal court for trademark infringement and unfair competition. The Florida company, founded in 1995 claims Madonna began using the Hard Candy name in 2011 – despite a previous rejection from the U.S. Patent and Trademark Office.

Read the full documents, courtesy of Radar Online.

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.

Hard Candy is also suing Madonna’s longtime manager, Guy Oseary, but claims Madonna “is the driving force behind the infringing activity, taking credit herself for the initial selection and subsequent expansion.”

The company is seeking financial damages, and Madonna to cease using their name completely.

Read more: http://www.madonnarama.com/posts-en/2014/06/03/madonna-sued-for-using-the-hard-candy-name/#ixzz37Y3EIERe

:dead:

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  • 2 weeks later...

When Madonna decided to name her fitness apparel and DVD line Hard Candy, we doubt she realized how much trouble a name would cause her.


As RadarOnline.com previously reported, beauty company Hard Candy is suing the “Material Girl” and her business partner for copyright infringement and unfair competition, claiming the Queen of Pop stole its name. In court documents filed earlier this month, the company stated that songstress refused to sit down for a deposition unless a judge ordered her to do so.


READ THE DOCUMENTS





But now Radar can exclusively report that what Madonna feared actually happened! In court documents obtained by Radar, a judge sided with the beauty company, stating, “prior to taking the deposition of Madonna Louise Ciccone, the plaintiff shall take the depositions of the three individuals who filed affidavits in this matter as to jurisdictional contacts with Florida to determine if those individuals have sufficient knowledge regarding jurisdictional matters . . .


PHOTOS: You Can Sue For That? The 53 Wackiest Lawsuits


“If the three individuals do not have sufficient knowledge as to jurisdictional matters, Ciccone may be subject to deposition,” the documents state.


Originally Madonna wanted this entire lawsuit thrown out. But now that the judge has ordered she speak about her involvement in her company’s business decisions, there will be a lot more to come, so keep reading Radar to find out more as this lawsuit unfolds!


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They will throw the case out.

Hard Candy is a fitness enterprise, and does not sell beauty items. They are two separate entities and a consumer would not confuse the two brands.

Nice try to snatch some of M's money though.

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When Madonna decided to name her fitness apparel and DVD line Hard Candy, we doubt she realized how much trouble a name would cause her.

As RadarOnline.com previously reported, beauty company Hard Candy is suing the “Material Girl” and her business partner for copyright infringement and unfair competition, claiming the Queen of Pop stole its name. In court documents filed earlier this month, the company stated that songstress refused to sit down for a deposition unless a judge ordered her to do so.

READ THE DOCUMENTS

But now Radar can exclusively report that what Madonna feared actually happened! In court documents obtained by Radar, a judge sided with the beauty company, stating, “prior to taking the deposition of Madonna Louise Ciccone, the plaintiff shall take the depositions of the three individuals who filed affidavits in this matter as to jurisdictional contacts with Florida to determine if those individuals have sufficient knowledge regarding jurisdictional matters . . .

PHOTOS: You Can Sue For That? The 53 Wackiest Lawsuits

“If the three individuals do not have sufficient knowledge as to jurisdictional matters, Ciccone may be subject to deposition,” the documents state.

Originally Madonna wanted this entire lawsuit thrown out. But now that the judge has ordered she speak about her involvement in her company’s business decisions, there will be a lot more to come, so keep reading Radar to find out more as this lawsuit unfolds!

as if madonna will lose a lawsuit anyway.

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