January 02, 2007

In a recently filed Notice of Opposition, pop singer Mariah Carey has petitioned against the allowance of the MARY CAREY mark published for opposition this past August. In the Notice of Opposition (link below), four registered marks for MARIAH CAREY are referenced (U.S. Trademark Reg. Nos. 2,024,932, 2,207,439, 2,590,372, and 3,128,187), and that “[b]ased on the similarities of the parties’ marks and the similarities and related nature of the goods described in the parties’ application and registrations, the public is likely to mistakenly associate the goods offered by Applicant under the mark MARY CAREY with Opposer or with Opposer’s goods and services, or to believe that Applicant’s goods are sponsored, endorsed, or licensed by Opposer, or that there is some relationship between Applicant and Opposer.” The Notice further reveals that Mary Carey’s actual name is Mary E. Cook, and that “[o]n information and belief, Applicant adopted the mark MARY CAREY to trade on her perceived similarities to Opposer’s predessor[sp]-in-interest, stating on her website that she adopted the trademark MARY CAREY because of her “remarkable facial resemblance” to Mariah Carey.” Mary Carey’s application (U.S. Trademark Application Serial No. 78/743,591) was filed on October 31, 2005 for “[m]otion picture films featuring adult entertainment; a series of prerecorded video cassettes, DVDs, multimedia software recorded on CD-Rom and interactive multimedia computer programs featuring adult audio and visual dramatic performances." According to the Billboard.com article (link below), Mary Carey’s lawyer, David Beitchman was quoted as saying “my first thought was, does Mariah Carey realize what her lawyer is comparing her to and are they seriously concerned?” As you may recall, Mary Carey is the adult film star who ran for Governor of California and lost to Arnold Schwarzenegger in 2003.

Copy of the TTAB Notice of Opposition: LINK
Billboard.com Article: LINK
U.S. Trademark Application Serial No. 78/743,591: LINK
U.S. Trademark Reg. No. 2,024,932: LINK
U.S. Trademark Reg. No. 2,207,439: LINK
U.S. Trademark Reg. No. 2,590,372: LINK
U.S. Trademark Reg. No. 3,128,187: LINK

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Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

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