LOS ANGELES, Feb 5 (TheWrap.com) ? Sorry, Joe Francis; Madonna won't give you a chance to rake in a Super Bowl payday.
On Friday, David R. Houston, attorney for "Girls Gone Wild" mogul Francis, sent Madonna a letter threatening legal action if she performs her new song of the same name at the Super Bowl halftime show on Sunday. The letter was obtained by TMZ.
Houston told the singer, "Your misappropriation of my clients' trademark will not be tolerated" and accused her of trying to take a "free ride" on "the valuable consumer goodwill and brand recognition of my clients' trademark." ("Girls Gone Wild?" Goodwill?)
Noting that Francis is "ready and willing to pursue legal action," Houston is demanding that Madonna "negotiate an immediate licensing agreement for use of the Trademark" and pay Francis' attorney's fees in the matter.
Oh, and he also insisted that the Material Mom promise not to "perform or market the song at the Super Bowl this Sunday."
As it turns out, Francis could have given his lawyer the day off, because Madge doesn't plan to perform the song -- and never did.
"The song will not be performed at Super Bowl halftime show," Madonna's publicist told TheWrap. "It was never a possibility. She has confirmed she will be performing her new single and three of her gems from the past."
Her new single, "Give Me All Your Luvin'," was released Friday.
"Girls Gone Wild" is on Madonna's upcoming album "MDNA," which is scheduled for a March 26 release but went on presale at iTunes on Friday.
In the letter, Houston said that his "research" indicated that Madonna would be performing the song at the Super Bowl.
Perhaps now Francis can get back to what he really should be outraged about in Madonna's halftime show -- the singer's vow that there won't be any wardrobe malfunctions this year.
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