Mariah Carey loses 'Queen of Christmas' trademark dispute to Elizabeth Chan
Pop icon Mariah Carey, left, has lost a trademark dispute brought by Elizabeth Chan over using the name "Queen of Christmas." Credit: Composite: Kevin Winter/ Getty Images; Brian Ach / Getty Images
A New York singer-songwriter long dubbed the Queen of Christmas has won a default judgment from the U.S. Patent and Trademark Office over pop star Mariah Carey's attempt to own that phrase.
Following Elizabeth Chan's filing in August opposing the trademark application by one of Carey's companies, Lotion LLC, the USPTO initially ruled in Chan's favor last month when the company did not respond by deadline. "[A]s it appears that no answer has been filed, nor has Applicant filed a motion to further extend the time to file an answer, notice of default is hereby entered," the trademark office ruled.
The decision in favor of Chan's Battery Park Media LLC d/b/a Merry Bright Music Enterprises was ratified Tuesday.
“This was a classic case of trademark bullying," said Louis Tompros, 44, Chan's pro bono attorney, in a statement. "We are pleased with the victory, and delighted that we were able to help Elizabeth fight back against Carey’s overreaching trademark registrations.”
Chan, who for a decade has recorded and released albums of holiday music, has been referred to as Queen of Christmas by outlets including The New Yorker magazine and the entertainment-news program "All Access." She had opposed the March filing that intended "to register and control four 'Queen of Christmas'-related trademarks: 'Princess Christmas,' 'Christmas Princess,' 'QOC' (the acronym for Queen of Christmas), and … 'Queen of Christmas.' "
Five-time Grammy Award winner Carey, 53, who was born in Huntington and raised there and in Melville, Northport and Greenlawn, released her perennial hit "All I Want for Christmas Is You" in 1994. She has since become known for her holiday concert tour and residencies and holiday-themed TV specials and books. Her representative did not respond to a Newsday request for comment.
“Christmas is a season of giving, not the season of taking, and it is wrong for an individual to attempt to own and monopolize a nickname like Queen of Christmas for the purposes of abject materialism,” said Chan, 42, in a statement.
“As an independent artist and small-business owner," she continued, "my life’s work is to bring people together for the holiday season, which is how I came to be called the Queen of Christmas." Saying she had no expectation of any exclusivity to the term, she added "that it will be — and should be — bestowed on others in the future. My goal in taking on this fight was to stand up to trademark bullying not just to protect myself, but also to protect future Queens of Christmas.”
Chan's supporters for her opposition filing included Rock & Roll Hall of Famer Darlene Love, whose 1963 "Christmas (Baby Please Come Home)" is a holiday staple and who embarks on annual holiday tours. On Tuesday after hearing of the ruling, the 81-year-old icon wrote on Facebook, "Thank you, Lord! Congrats to all the other Queen of Christmases around the world, living and whom have passed!"
