A hearing will be held July 22 in a Miami federal courtroom as part of a lawsuit and countersuit involving singer Madonna, her Hard Candy Fitness club company, the Hard Candy cosmetics company and Walmart.

In October 2013, Hollywood, FL-based Hard Candy LLC filed a trademark infringement lawsuit against Hard Candy Fitness and parent company New Evolution Ventures, Lafayette, CA, in the U.S. District Court for the Southern District of Florida. Hard Candy claimed that Hard Candy Fitness used its trademark without its consent to promote fitness DVDs, clothing and other material, according to court documents.

In an amended complaint filed May 15, Hard Candy added singer Madonna (Madonna Louise Ciccone is listed in the complaint) and her manager, Guy Oseary, as defendants. Oseary owns 50 percent or more of their company, MGHCandy LLC.

On June 2, Hard Candy Fitness filed a countersuit against Hard Candy and Wal-Mart Stores Inc., which sells Hard Candy cosmetics. Hard Candy Fitness denied Hard Candy's trademark infringement claims in its countersuit and said it used the trademark first for its DVDs and apparel. Hard Candy Fitness also said it added Walmart as a defendant "because in its absence, complete relief cannot be accorded among those already parties to this action," according to court documents.

As Law360.com reported last month, Hard Candy Fitness "admitted in its countersuit that Hard Candy owns several registrations for cosmetics and fragrances, but said Hard Candy is the one who infringed [Hard Candy Fitness's] several registrations when Hard Candy began marketing apparel and other accessories."

The hearing on July 22 before Judge John J. O'Sullivan in Miami is centered on a dispute about whether certain documents have been produced in the case, according to a June 24 court filing.

Gabriel Groisman, an attorney for Coffey Burlington, the law firm representing Hard Candy LLC, declined to comment about the case to Club Industry. Yano Rubinstein of Rubinstein Law, which is representing Hard Candy Fitness, has not responded to Club Industry's requests for comment.

The Hard Candy Fitness website lists eight clubs worldwide in Mexico City; Moscow; St. Petersburg, Russia; Sydney; Santiago, Chile; Toronto; Rome and Berlin. There are currently no Hard Candy Fitness clubs in the United States.