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Elizabeth Chan defeats Mariah in "Queen of Christmas" trademark dispute


naval23
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1 minute ago, naval23 said:

 

Nah if you read the filing - Mariah never withdrew - her team didn't respond to the opposition filing.

 

On October 1, 2022, the Board issued a notice of default to Applicant because no answer had been filed. No response to the notice of default has been filed. Accordingly, judgment by default is hereby entered against Applicant, the opposition is sustained, and registration to Applicant is refused. See Fed. R. Civ. P. 55(b), and Trademark Rule 2.106(a).

 

It would've gone through had Elizabeth Chan never filed an objection, and her team was given a time frame to respond which they didn't and the objection went through as a result.

 

mte - they thought it would just go through and probably didn't expect someone to pushback and when they did, they just didn't bother fighting it because it would be a losing battle for them

Hence withdrew. They never responded to the objection despite repeated notifications from the court. We love dictionaries.

 

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2 minutes ago, naval23 said:

 

Nah if you read the filing - Mariah never withdrew - her team didn't respond to the opposition filing.

 

On October 1, 2022, the Board issued a notice of default to Applicant because no answer had been filed. No response to the notice of default has been filed. Accordingly, judgment by default is hereby entered against Applicant, the opposition is sustained, and registration to Applicant is refused. See Fed. R. Civ. P. 55(b), and Trademark Rule 2.106(a).

 

It would've gone through had Elizabeth Chan never filed an objection, and her team was given a time frame to respond which they didn't and the objection went through as a result.

 

mte - they thought it would just go through and probably didn't expect someone to pushback and when they did, they just didn't bother fighting it because it would be a losing battle for them

Wow - even the court document confirmed she was REFUSED the trademark LOL

I guess "Liron" needs to actually read that document she cited on twitter. 

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I thought when she got the number one she'd stop going so hardcore at Xmas but it just continues every year and it's getting a little weird now.

 

It's a religious holiday that was stolen by Santa and now stolen by Mariah Carey? :rip:

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Just now, Virtual_Insanity said:

Wow - even the court document confirmed she was REFUSED the trademark LOL

I guess "Liron" needs to actually read that document she cited on twitter. 

Try reading one more time.

 

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Quote

An answer to the notice of opposition was due in this proceeding on September 20,
2022. Inasmuch as it appears that no answer has been filed, nor has Applicant filed a
motion to further extend the time to file an answer, notice of default is hereby entered
against Applicant pursuant to Fed. R. Civ. P. 55(a).


Accordingly, proceedings are suspended. Applicant is allowed until thirty days from the
date of this order to show cause why judgment by default should not be entered against
Applicant in accordance with Fed. R. Civ. P. 55(b)(2).


The failure to file a timely answer tolls all deadlines, including the discovery conference,
until the issue of default is resolved. See Trademark Rule 2.106(a).
The schedule for the discovery conference, initial disclosures, discovery and trial will be
reset in the event that the Board resumes proceedings

She didn't reply, thus withdrawing in the eyes of the court, and the application was terminated.

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On 11/16/2022 at 1:36 AM, suburbannature said:

Hence withdrew. They never responded to the objection despite repeated notifications from the court. We love dictionaries.

 

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Gurl stop embarassing yourself. It's there in black and white. She was REFUSED the trademark..

The reasons are irrelevant. I know you're suffering greatly but just accept it. 

If Mariah doesn't need this trademark as you say why are you breaking your back to defend her. Shouldn't concern you, right ? 

Edited by Virtual_Insanity
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1 minute ago, Virtual_Insanity said:

Gurl stop embarassing yourself. It's there in black and white. She was REFUSED the trademark. 

The reasons are irrelevant. I know you're suffering greatly but just accept it. 

If Mariah doesn't need this trademark as you say why are you breaking your back to defend her. Shouldn't concern you, right ? 

And yet you're the one (as usual) spam trolling in a Mariah thread looking for the smallest crumb of shade you can find instead of celebrating your "fave's" recent success. Miss Mariah really has her foot on that thick neck of yours this time of year, I see.

 

taylor.thumb.jpg.ad4b5151ff341abc09dbf75

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Those two dedicated OMCH flooding this thread like plague

 

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Ot: all publicity is good publicity

 

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24 minutes ago, suburbannature said:

Hence withdrew. They never responded to the objection despite repeated notifications from the court. We love dictionaries.

 

 

sure passively withdrew if that makes you feel better - we love adverbs :chick1:

 

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24 minutes ago, suburbannature said:

Try reading one more time.

 

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She didn't reply, thus withdrawing in the eyes of the court, and the application was terminated.

:bibliahh:

 

It's giving Kim K going to law school energy 

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Just now, naval23 said:

:bibliahh:

 

It's giving Kim K going to law school energy 

it's giving I actually testify as an expert witness in court and I know how rulings are written.

 

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Imagine wanting to be known as the Queen of Christmas officially while ignoring the rest of your arguably more iconic legacy. :deadbanana2:

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Mariah tainted her Christmas reputation for something so lame :deadbanana4:

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Without the trademark, she'll still be referred to as the QOC. It's practically tradition at this point whenever she's interviewed. And she's had a special pretty much every year for the past several years. I doubt she's bothered. 

 

Public mindshare is more important and I wouldn't be surprised if she tried to reapply with more specific use-case scenarios for its application. This case will pretty much get 0 coverage and this, none of public at large will even be aware of it. 

 

That said, Merry, Merry is a bop! 

Edited by Ibrahim
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7 hours ago, KillingYourCareer said:

Even the judge knows it's Ava Max since Christmas Without You. Move aside, Oh Santa lady :michael:

:deadbanana4:

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13 hours ago, Mean Trees said:

 

Speaking of Elizabeth, Just released 7 hours ago and it's sort of a bop. :jamming:

 

:ahh:  I'm getting Rebecca Black deja vu :deadbanana4:

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3 hours ago, Espresso said:

:ahh:  I'm getting Rebecca Black deja vu :deadbanana4:

Leave the QUEEN OF CHRISTMAS alone!!! :laugh:

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15 hours ago, Virtual_Insanity said:

Oh wow, a future classic :)

Queen of Christmas :alexz:

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Her obsession with Christmas is getting weird :skull: 

 

Just let them song smash organically Mariah! All these extra attempts are lowkey going to backfire eventually

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Her obsession with Christmas is getting weird :skull: 

 

Just let them song smash organically Mariah! All these extra attempts are lowkey going to backfire eventually

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19 hours ago, Protocol said:

Her massive media assault to assert herself as a central part of what is at its core a religious holiday is kind of gross and weird tbh. She is doing the absolute MOST. She already got the #1 and she has a Christmas classic, good for her. But you don't see ANYONE else trying this much to make Christmas about them. She just wrote a song about Christmas that's it. She is not Jesus. She is not the Virgin Mary. She is not Santa Claus either. It's giving weird energy.

This. It was funny when it was a cute meme/stan thing, but Mariah herself leaning into it is extremely cringe :clown:

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