Hard Candy, the Florida based cosmetics brand that launched in 1995, is not giving up its trademark battle with Madonna. The company has filed a lawsuit in the California federal court accusing the Queen of Pop of infringing its trademarks with her like-named luxury fitness company, Hard Candy Fitness. The news comes just weeks after U.S. District Judge Cecilia Altonaga in Miami dismissed the case for lack of jurisdiction.
Hard Candy LLC alleges that Madonna and her company, MGHCandy LLC, as well as its licensee Epic Rights Inc, stole the Hard Candy name to sell her range of fitness DVDs and sports wear. The singer began selling her goods under the Hard Candy name back in 2011 despite having the name previously rejected by the US Patent and Trademark Office.
Hard Candy, which sells its clothing, cosmetics and eyeglasses primarily through Wal-Mart, was founded in 1995 by Iranian American sisters Dineh and Pooneh Mohajer. The company’s first product was a nail polish that Dineh mixed herself – a shade of baby blue named “Sky” to match a pair of her shoes. Within 18 months the brand was reportedly generating $10 million a year. LVMH purchased the brand in 1999. It was later sold to the Florida based company Falic Fashion, a wholly-owned subsidiary of Duty Free Americas, Inc., the largest duty free retail store operator in North America.
Hard Candy are seeking financial damages and for Madonna to stop using their name. More to come on this one!