IP Law Daily, COPYRIGHT NEWS—Songwriter alleges Mariah Carey misappropriated his song, ‘All I Want for Christmas is You’, (Jun 7, 2022)

By Patricia K. Ruiz, J.D.

The lawsuit alleges Carey’s use of the same title caused confusion among the public to the songwriter’s detriment.

Musician Andy Stone, who performs under the name Vince Vance, filed a lawsuit in the Eastern District of Louisiana alleging Mariah Carey, songwriter Walter Afanasieff, Sony Music Entertainment, and Sony Corporation of America (collectively, “Carey”) of “exploit[ing] the popularity and unique style of [Stone],” causing confusion as to his association with Carey. Stone requested relief of at least $20 million for his claims (Stone v. Carey, June 3, 2022).

Allegations. In 1989, Stone co-wrote the song “All I want for Christmas is You,” which he recorded and released with an accompanying music video. Carey’s song, also titled “All I Want for Christmas is You,” was included on Carey’s album “Merry Christmas” by Columbia Records, owned by Sony. The song, also released with a music video, received extensive airplay during the 1993 Christmas season and appeared on the Billboard Music Charts.

Stone, who sought and received registration of the song title, alleged that “All I Want for Christmas is You” is copyrightable subject matter under U.S. law. He alleged that Carey never sought or obtained permission from him to use “All I Want for Christmas is You” in creating, reproducing, recording, distributing, selling, or publicly performing her song. Additionally, Stone alleged he never gave Carey permission, consent, or a license to use “All I Want for Christmas is You” for any purpose, including the creation of a derivative work. Carey, he alleges, continues to reproduce and distribute worldwide and via interstate commerce copies of Carey’s song. As such, Stone alleged that Carey has knowingly, willfully, and intentionally engaged in a campaign to infringe his copyright and to commit acts of unjust enrichment by the unauthorized appropriation of his work and the goodwill associated with it, to Stone’s irreparable injury and financial loss.

Stone brought claims of copyright infringement under federal law, as well as state claims for unjust enrichment and misappropriation, resulting in public confusion and a substantial loss of income to Stone and the unjust enrichment of Carey. Additionally, Stone alleged a violation of the Lanham Act.

Relief requested. Stone requested an award of the profits, gains, and advantages derived by Carey as a result of willful copyright infringement, Lanham Act violations, unjust enrichment, and misappropriation, in addition to punitive damages and compensation for the damages sustained by Stone, in an amount no less than $20 million.

The Case is No 2:22-cv-01616-WBV-DMD.

Attorneys: Douglas M. Schmidt (Douglas M. Schmidt, APLC) for Andy Stone.

Companies: Sony Music Entertainment; Sony Corp. of America

News: Copyright LouisianaNews