LOS ANGELES, CA – Mariah Carey’s lawyer is concerned that fans might mistake her for a porn star.Looking at any number of Carey’s music videos or media appearances over the years, one might be able to see a basis for worry on the part of her image advisors; in this instance, however, the concern isn’t a public relations issue, but a potential legal matter.
Attorney Robert Becker, representing pop singer Mariah Carey, recently sent a letter to the representatives of porn star and erstwhile gubernatorial candidate Mary Carey, threatening legal action if she does not withdraw the application for a trademark on her stage name, and demanding that she not use the name Mary Carey outside of the adult entertainment industry.
“MARY CAREY and MARIAH CAREY share the identical surname and have first names that are very similar,” Becker wrote, according to FoxNews.com “Confusion between your client and her MARY CAREY trademark and our client and its MARIAH CAREY trademark is therefore likely.”
Becker’s concern is founded in part on the fact that Mary Carey is seeking to trademark her name for audio and video recordings, which Becker argues will create confusion between the pop star and the porn star.
Rubbish, says Mary Carey’s attorney, David Beitchman.
“My first thought was, does Mariah Carey realize what her lawyer is comparing her to and are they seriously concerned?” Beitchman said, according to Fox News. “Do they seriously think the fans are going to be confused?”
Mary Carey, whose given name is Mary Cook, says she’s willing to fight for use of her assumed moniker.
“I’m ready to battle Mariah over this because I’ve been ‘Mary Carey’ for a long time,” said Mary Carey, according to Reuters. “It’s kind of funny because I’m a porn star and I’ve been being myself for a long time.”
Added Mary about Mariah; “I think she’s being silly.”
Mary Carey, who ran for governor of California in the 2003 gubernatorial recall election and made an aborted run for the office again this year, began using the name in 2002 and applied for a trademark on the name in October of 2005. The application was published and opened for objection in August of this year, but Mariah Carey’s opposition only became public knowledge last week.
While Mary may think the dispute is silly, Mariah’s people say it’s no laughing matter.
“This is a technical procedure to stop a trademark registration,” said Mariah spokeswoman Leslie Sloane-Zelnik, adding “Mariah Carey has no affiliation with Mary Carey.”
According to ITWire.com, Mariah’s legal claim may face an uphill climb in establishing that the trademark will generate confusion; the tech website reports that Mary Carey’s trademark application specifies that Carey is seeking the mark in connection with “adult audio and visual dramatic performances.”
