Here’s a little Super Bowl, aging pop star, naked girl on camera drama for your Friday afternoon. Girls Gone Wild creator Joe Francis is threatening the Queen of Pop with a lawsuit if she goes through with her Super Bowl plans.
TMZ obtained the cease and desist letter sent by Francis’ attorney threatening legal action if Madonna sings her new song “Girls Gone Wild” at the Super Bowl halftime show. It should be pretty clear what he’s basing this threat of legal action on, but here’s what’s detailed in the letter:
Mr. Francis and Girls Gone Wild have worked tirelessly for an excess of two decades to build his brand and to protect his trademark Girls Gone Wild.
Obviously, your misappropriation of my clients’ trademark will not to be tolerated.
Girls Gone Wild’s trade identity and trademark are extremely valuable assets which my clients protect vigorously.
My research indicates, and numerous news articles have mentioned, that Madonna plans to perform publicly the song entitled Girls Gone Wild at this Sunday’s Super Bowl on February 5, 2012. It is clear Madonna is making unauthorized commercial use of Girls Gone Wild’s trademark.
Your attempt to “free ride” on the valuable consumer goodwill and brand recognition of my clients’ trademark constitutes, inter alia, unfair competition, and false designation of origin, trademark infringement, and trademark dilution.
The letter goes on to demand Madonna and her “co-conspriators” perform a few actions if they wish to avoid “costly and extensive litigation.” First, they must agree not to perform the song at the Super Bowl. Next, he wants Madonna to negotiate an immediate licensing agreement. Lastly, he wants her to go back and count all the times she’s already used the phrase to promote her song and pay up.
Madonna released her new video for “Give Me All Your Luvin” earlier today on YouTube. Any ZZ Top fans will recognize that she’s skirting close to the line on that one too.