Singer Carey battles porn star Carey over name

updated 7:38 p.m. ET Dec. 8, 2006

LOS ANGELES - Grammy-winning pop singer Mariah Carey is trying to block porn star-turned politician Mary Carey from trademarking her similar-sounding stage name, saying that fans could get the two performers confused.

But the adult film actress, whose real name is Mary Cook, said Friday that she would not be intimidated by the international superstar and will press forward with her trademark application.

"I'm ready to battle Mariah over this because I've been Mary Carey for a long time," Mary Carey told Reuters. "It's kind of funny because I'm a porn star and I've been being myself for a long time. I think she's being silly."

The star of films such as "Double Air Bags 11" and "Boobsville Sorority Girls," she started using the stage name Mary Carey in 2002 and ran for California governor against Arnold Schwarzenegger. She filed the trademark papers earlier this year.

In October, a lawyer for Mariah Carey sent Mary Carey's representatives a letter threatening legal action if she did not withdraw the application.

"MARY CAREY and MARIAH CAREY share the identical surname and have first names that are very similar," attorney Robert Becker wrote. And in part because the porn star was seeking the trademark for audio and video recordings, he said, "Confusion between your client and her MARY CAREY trademark and our client and its MARIAH CAREY trademark is therefore likely."

Alex Wong / Getty Images file Porn star-turned politician Mary Carey models the outfit she would wear to the National Republican Senatorial Dinner on June 14, 2005, in Washington.

Becker also demanded that Mary Carey use her name only for "adult entertainment" and that she not sing or perform music.

"This is a technical procedure to stop a trademark registration. Mariah Carey has no affiliation with Mary Carey," said Mariah Carey's spokeswoman, Leslie Sloane-Zelnik.

David Beitchman, a lawyer for Mary Carey, said he believed Mariah Carey stood little chance of winning.

"My first thought was, does Mariah Carey realize what her lawyer is comparing her to and are they seriously concerned?" Beitchman said. "Do they seriously think the fans are going to be confused?"

Mariah Carey, who suffered a brief career slump after dominating the pop charts during the 1990s, had a major comeback with last year's "The Emancipation of Mimi," the best-selling pop album of 2005. She won a Grammy for the single "We Belong Together."

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