Christmas: An Intellectual Property Nightmare

Holiday joy can quickly become a season of headache and contention for brands and companies when it comes to intellectual property. Many of the iconic symbols, songs, and caricatures that dominate the season are so widely used and recognizable that they are extremely difficult to claim ownership of definitively. Think of the numerous versions of Santa Claus and reindeer that populate holiday cards and decorations, candy wrappers and toy packaging. Thus, trademark disputes and copyright infringement issues abound when companies compete to capitalize on the same images and concepts, making Christmas an IP nightmare.

Variations on a Theme: Generic Imagery

Christmas trees, snowmen, angels, Santa Clauses – all are considered generic Christmas themes and can be very difficult to protect under copyright law unless there are specific characteristics that make the imagery unquestionably original and distinguishable from other versions.

Who Owns Santa Claus?

Broadly speaking, the name “Santa Claus” and the general depiction of an older man with white hair and beard in a red, fur-trimmed suit carrying a sack of toys is a centuries-old figure and considered to be public domain.

However, aspects of the name and/or depiction can qualify for IP protections. For example, the Coca-Cola Company’s classic rendition of Santa Claus has a very specific and recognizable artistic representation that is protected under copyright law. The original Coca-Cola Santa Claus was created by illustrator Haddon Sundblom in 1931, and the company has taken out individual copyrights for each illustration version they’ve created since.

What’s in a Name?

While “Santa” and “Santa Claus” can’t be protected on their own by trademark law, they can be protected when used in connection with a good or service. Most U.S. trademarks of Santa include a unique word or graphic qualifier to help consumers distinguish the brand connection from the thousands of other “Santas” out there.

Does a Song by any Other Name Sound as Jolly?

There are a number of Christmas songs that are protected by copyrights, and can only be used commercially with the appropriate licensing. “Santa Claus is Coming to Town,” “White Christmas,” and “Little Drummer Boy” are examples of popular holiday tunes that are still under copyright, though many people consider them to be public domain classics.

Alternatively, “O Little Town of Bethlehem” and “Silent Night” are examples of songs that are in the public domain, but that classification only applies to the composition itself. Any recent sound recordings or arrangements of those songs by new artists would be eligible for copyright.

Naughty vs. Nice: Holiday Trademark Disputes

With so many icons, phrases, characters, and more tied to the holiday season, brands and companies often try to trademark Christmas designs and phrases, leading to a complex web of trademark, copyright, and patent entanglements to navigate. Disputes arise when multiple entities try to protect similar concepts, or claim infringement if designs are too similar to existing ones (or cannot truly be protected because they are too generic). And unlike sorting names on Santa’s list of naughty and nice, determining who owns a Christmas image, phrase, concept or design can prove much more complicated.

To Fully Understand Your IP Protections, Seek Professional Advice.

Trademarks, copyrights, and patents have differing levels of protections and cover different types of intellectual property. Working with an IP attorney is the safest way to guarantee your original idea or design is truly protected. The IP team at Hackstaff, Snow, Atkinson & Griess has the expertise to ensure your intellectual property has the appropriate protection and can help you navigate the process.