Artwork for podcast In the Public Interest
A Very Merry Trademark Battle
Episode 120th December 2022 • In the Public Interest • WilmerHale
00:00:00 00:23:01

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In 2021, Mariah Carey’s company Lotion LLC applied to register the trademark “Queen of Christmas” for future use on a vast range of products, including music, perfume, sunglasses and coconut milk. Elizabeth Chan, a singer and songwriter who exclusively writes and sings holiday music, filed an opposition to block Carey’s registration in August 2022. Chan herself had been dubbed the “Queen of Christmas” by the media in 2014 and has embraced and used the title ever since, including publishing a “Queen of Christmas” album.

In this episode, co-host and Partner Felicia Ellsworth is joined by Chan, along with fellow Partner Louis Tompros and former Associate Hailey Cherepon to discuss their experience working with Chan on her successful opposition to Carey’s attempted trademark registration. Tompros is an intellectual property litigator who has handled some of the most challenging patent, trademark and copyright matters for high-profile clients in technology, manufacturing and entertainment. Along with Tompros and Cherepon, the WilmerHale team who represented Chan included Partners Kevin Prussia and John Hobgood.

Chan shares the story of her journey to becoming a full-time Christmas songwriter and singer. Later in the episode, Tompros breaks down the intricacies of opposing a trademark registration and how WilmerHale helped Chan clear the path for herself—but more importantly, for others—to freely use the title “Queen of Christmas.”