LOS ANGELES, California (X17online) - A federal judge has rejected Madonna’s claim that she has trademark primacy over the phrase “Material Girl.”

Judge S. James Otero’s decision comes after clothes retailer LA Triumph filed a lawsuit against Madonna and her Material Girl clothes line last year, claiming that it first began selling a line of “Material Girl” clothes in 1997 and therefore owns the trademark.

Madonna counterclaimed that her 1985 hit “Material Girl” and the $85 million worth of “Material Girl” merchandise sales in the 1980s should render her the “senior trademark user.”

Judge Otero disagreed with Madonna’s legal grounding but will allow a jury to hear both arguments when the case goes to trial in October.