Mariah Carey can’t be the only ‘Queen of Christmas’ after losing trademark bid over ‘We Wish You a Merry Christmas’
A year after the iconic ‘We Wish You a Merry Christmas’ was first launched, singer Mariah Carey has lost a bid to reclaim the song.
A federal judge ruled in Los Angeles’s US District Court on Tuesday that the singer couldn’t use the trademark on a version without the controversial lyrics referring to a gay wedding.
The decision comes after years of legal wrangling, with Carey seeking to capitalize on her celebrity and use the song as part of marketing the film, Merry Christmas, Happy New Year, starring her and her children.
But the singer and producers have since gone their separate ways.
Mariah Carey
US District Judge Yvonne Gonzalez Rogers ruled the song was too similar to “Wishing You a Merry Christmas”, which she and the singer were awarded in 2012.
She said the lyrics were “clearly the product of an independent musical expression, distinct from the song as registered by the registrant, and not derivative of the ‘We Wish You a Merry Christmas’ registration.”
The judge’s ruling said the version used by Carey – recorded by Mark Bramblett – “does not have any material similarity to the ‘We Wish You A Merry Christmas’ registration” because it was not a “co-product” of Carey’s song.
“This is likely to result in a negative public perception of Mariah Carey,” in the event that she was to use the music to promote products.
She rejected the producers’ arguments that the record “We Wish You A Merry Christmas” was based on the lyrics of the song, saying the lyrics were “a close enough approximation of the ‘We Wish You a Merry Christmas’ lyrics…”.
“There could be a positive public perception if the song were used as part of an integrated marketing program,” she added.
Carey’s attorney had said that the lyrics were “clearly the product of an independent musical expression, distinct from the song as registered by the registrant, and not derivative of the ‘We Wish You a Merry Christmas’ registration.”
He added: “It is ironic that the judge would allow the use of ‘We Wish You A Merry Christmas’ as a marketing tool against Miss