It’s been a little over a year since apparel manufacturer L.A. Triumph slapped Madonna with a lawsuit, claiming that her “Material Girl” line for Macy’s threatens their own “Material Girl” juniors clothing line that they have been selling since 1997. We thought it sounded crazy, considering the fact that Madonna invented “Material Girl,” the song (well, writers did, but you know what we mean), in 1984.

However, we learned last August that L.A. Triumph actually had a leg to stand on, because while Madonna may have the copyright to the name of the song, she doesn’t have the trademark, since she hadn’t yet sold any products bearing the name (several missed opportunities there if you ask us!)

Madonna, understandably, was hoping they didn’t–she requested that the court throw out the lawsuit, which the judge has denied. From WWD:

On Aug. 31, a year after the suit was filed in U.S. District Court in Los Angeles, Judge S. James Otero rejected an argument from MG Icon — a joint venture between Madonna, her manager, Guy Oseary, and Iconix Brand Group Inc. — that Madonna was the senior user of the Material Girl trademark because she performed the popular song “Material Girl” in 1984.

This means that Madonna is going to trial. It’s scheduled to start in mid-October and if L.A. Triumph wins, not only will Madonna have to fork over some cash, but she’ll also have to change the name of the clothing brand she’s been selling at Macy’s since fall 2010. This begs the question: if Madonna loses, what other Madonna song should she change the name to?