As the calendar turns to another December, one thing is certain: You will be hearing the ubiquitous Mariah Carey holiday classic, “All I Want for Christmas Is You.” Frequently. Whether you like it or not.
What is less certain is whether Mariah is the official Queen of Christmas.
As we previously wrote earlier this year, Carey faced a copyright infringement lawsuit from performer Vince Vance. On November 1, 2022, Vance (real name: Andy Stone) requested dismissal of the lawsuit, without prejudice to his ability to file again. Score one for the Queen.
Not long after that, though, Carey encountered a setback in the quest for domination of the festive season: her Christmas-themed trademark applications were opposed.
What the decisions mean
Carey’s company, Lotion, LLC, filed applications in early 2021 to register the QUEEN OF CHRISTMAS PRINCESS CHRISTMAS, and QOC marks for a wide variety of goods and services, ranging from many you might expect – like sound recordings and Christmas ornaments – to some you might not – like dog clothing and soy milk. However, Elizabeth Chan and her company Battery Park Media, LLC (“Chan”) filed oppositions against each application – first against QOC and PRINCESS CHRISTMAS and then against the QUEEN OF CHRISTMAS application. In all three Oppositions, Chan asserted that she is “pop music’s only full-time Christmas singer-songwriter… dubbed the ‘Queen of Christmas’.” Indeed, Chan’s own website says that it is the “OFFICIAL SITE of The Queen of Christmas, Christmas Songwriter and Artist Elizabeth Chan.”
In the earlier-filed Oppositions against QOC and PRINCESS CHRISTMAS, Lotion filed several extensions of time to file an answer. However, ultimately Lotion did not file answers to any of the oppositions and so the TTAB issued default judgments in favor of Chan. As a result, Carey’s QUEEN OF CHRISTMAS, QOC and PRINCESS CHRISTMAS applications abandoned.
Chan’s attorney told NPR in a statement that Chan succeeded in stopping Carey from monopolizing the “Queen of Christmas” title: “Now, because of what [Chan] did, nobody can claim exclusive and permanent rights to the ‘Queen of Christmas’ title.”
So, while Carey may croon “I just want you for my own,” when it comes to the “Queen of Christmas” title, that is one present she’ll have to share.