Madonna Threatened By Girls Gone Wild Creator Over Super Bowl Performance

Entertainment Feb. 3, 2012 AT 4:50PM
Madonna Threatened By Girls Gone Wild Creator Over Super Bowl Performance Credit: Kevin Mazur/WireImage.com, Vallery Jean/FilmMagic

Madonna hasn't even set foot on the Super Bowl XLVI stage and already her performance is generating buzz.

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While the 53-year-old music legend has confirmed she'll sing new single "Give Me All Your Luvin,'" at Sunday's big game, the rest of her 12-minute setlist remains under wraps, and if Joe Francis can help it, Madge's track "Girls Gone Wild" won't be make the cut.

The creator of Girls Gone Wild, Francis sent Madonna a cease and desist letter threatening legal action if she performs the song, which is included on her upcoming album, M.D.N.A.

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In the letter obtained by TMZ, Francis' lawyer says he'll sue Madonna and her "co-conspirators" for getting a "free ride on the valuable consumer goodwill and brand recognition" of the Girls Gone Wild trademark held by Francis.

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"Mr. Francis and Girls Gone Wild have worked tirelessly for an excess of two decades to build his brand and to protect his trademark Girls Gone Wild," writes his counsel, David Houston. "Obviously, your misappropriation of my clients’ trademark will not to be tolerated."

Francis and Houston are demanding a response before 5 p.m. (PST) Friday.

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