Speculation is still rampant concerning what songs Madonna will choose to play during the Super Bowl, but if Girls Gone Wild creator Joe Francis gets his way, one song won’t even be considered. Apparently, the Material Girl’s new album features a track called “Girls Gone Wild”. Francis holds a patent on said phrase, and he’s willing to get lawyers involved to make sure Madonna doesn’t sing it.
According to TMZ, the businessman sent Madonna, NBC and the NFL cease and desist letters, threatening to file a lawsuit if certain conditions aren’t met. First, he wants the singer to pay a licensing fee for using the trademark. Second, he wants Madonna to pay for all the times she’s already used the trademark, and finally, he doesn’t want her to play the song at the Super Bowl. The letter apparently sets tonight as the deadline for a response.
Of all the demands, the last one is far and away the most likely to be complied with. She’s already said she’ll perform three old songs and her new single “Give Me All Your Luvin”. That format doesn’t leave room for “Girls Gone Wild”. Plus, I highly doubt she’d choose some random song off her new LP. As for the other two concerning the basic trademark infringement, we’ll just have to wait and see whether Madonna feels like going to court. I don’t know how tightly of a stranglehold he has on all uses of that phrase, but I’d imagine high paid lawyers could make effective arguments about why she does or does not have the right to use it.
Stay tuned. This could get vicious… and costly.
