In new court documents obtained by RadarOnline, 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.
If the three individuals do not have sufficient knowledge as to jurisdictional matters, Ciccone may be subject to deposition.
According to RadarOnline.com, Florida-based beauty company “Hard Candy” has filed court documents that state they would like to question Madonna about her role in any business decisions, but claim Madonna won’t appear for a deposition unless she is ordered to by the court.
A hearing has been set for July 22 where a judge will make a decision regarding Madonna’s potential deposition.
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[s]’ 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.