{"id":1022,"date":"2025-12-12T11:17:57","date_gmt":"2025-12-12T10:17:57","guid":{"rendered":"https:\/\/blog.lboro.ac.uk\/rdm\/?p=1022"},"modified":"2025-12-12T11:17:58","modified_gmt":"2025-12-12T10:17:58","slug":"the-santa-clause-unwrapping-the-ip-behind-christmas","status":"publish","type":"post","link":"https:\/\/blog.lboro.ac.uk\/rdm\/2025\/12\/the-santa-clause-unwrapping-the-ip-behind-christmas\/","title":{"rendered":"The Santa Clause: Unwrapping the IP Behind Christmas"},"content":{"rendered":"\n

Disclaimer: This blog post is for information only. We do not endorse any of the merchandise and we are not affiliated or receive any commission from any companies presented in this blog post.<\/em><\/p>\n\n\n\n

I am sure you knew, that after going after Easter and Halloween, I will be coming after Christmas next. It is now time to have a look at how many things we love about Christmas are protected by different types of Intellectual Property (IP).<\/p>\n\n\n\n

Christmas<\/a> is a Christian feast celebrating the birth of Jesus Christ and has been held on the 25th<\/sup> of December since around the mid-fourth century. In Pagan times, midwinter would have been celebrated on the winter solstice which generally falls on 21st<\/sup> December. Different countries<\/a> tend to have different traditions for Christmas, from the type of foods eaten to when and what type of gifts are exchanged. Romanians<\/a> also have a range of different traditions during the Christmas period.<\/p>\n\n\n\n

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On the First Day of IP \u2013 Copyright for Christmas Classics<\/strong><\/p>\n\n\n\n

I am sure you know by now all about copyright, but in case you missed our other blog posts, in the UK, copyright is set up in the Copyright, Designs and Patents Act (CDPA) 1988<\/a>. Copyright protects original, human creations (at least for now) that fall into certain categories, like literary, dramatic, musical works, broadcasts and so on.<\/p>\n\n\n\n

When it comes to anything related to Christmas, we have protection for your favourite holiday songs, movies and of course books. And, let\u2019s not forget the Christmas jumper.<\/p>\n\n\n\n

Let\u2019s have a quick look at holiday songs<\/a>. All music recordings are protected by copyright, which typically lasts for 70 years from the date of recording. To put this into perspective, only recordings made shortly after the Second World War have now fallen out of copyright. For example, Bing Crosby\u2019s \u201cWhite Christmas\u201d from the 1942 film Holiday Inn<\/em> is no longer protected, whereas \u201cFrosty the Snowman,\u201d first recorded in 1950, still has a few years left\u2014along with \u201cRudolph the Red-Nosed Reindeer,\u201d which predates it by just one year.<\/p>\n\n\n\n

However, don\u2019t think you are out of the clear if you use old songs, because while the song (when it was written) might be out of copyright, any recording of old songs made in the last 70 years will still be protected. <\/p>\n\n\n\n

You might not have considered Christmas jumpers protected by copyright<\/a>, but they are. Why? Well, all the patterns, illustrations and Christmassy slogans are an artistic expression which is protected by copyright.<\/p>\n\n\n\n

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Two Trademarked Turtledoves \u2013 Branding the Holidays<\/strong><\/p>\n\n\n\n

Trademarks<\/strong> protect brands and identifiers<\/em><\/a>\u2014such as names, logos, slogans, and distinctive symbols\u2014that distinguish goods or services in the marketplace. A trademark helps prevent consumer confusion and ensures brand recognition. Unlike copyright, trademarks can last indefinitely as long as they are actively used and renewed.<\/p>\n\n\n\n

Why are trademarks so important for the holiday season? Well, while Black Friday is still one of the busiest times for retailers, it is followed closely by Christmas gift shopping. A survey done in November reveals that UK consumers<\/a> desire clothing, textiles and shoes as well as gift vouchers for Christmas. However, as I am sure most of us know, we also spend a lot on themed gift wrapping, themed clothing (Christmas themed jumpers or hoodies), and all the other things associated with Christmas. I don\u2019t know about you, but I also tend to want to get more Christmas ornaments and decorations every year (not that I need any, but that is a different issue altogether), because they are so cute. Which is why many brands will trademark Christmas themed products.<\/p>\n\n\n\n

As for holiday trademark<\/a> some examples include:<\/p>\n\n\n\n

The Grinch:<\/strong> Beyond the original 1957 book and its later film adaptations, the story and character are heavily protected. A California limited partnership managing Dr. Seuss\u2019s intellectual property holds 30 registered trademarks related to the Grinch<\/a>. (I succumbed and got a Grinch themed sweatshirt<\/a>, that reads Merry Grinchmas).<\/p>\n\n\n\n

The Polar Express:<\/strong> Warner Brothers\u2019 2004 film adaptation of the 1985 children\u2019s book has led to 14 registered trademarks<\/a> under the studio\u2019s name.<\/p>\n\n\n\n

Home Alone:<\/strong> Twentieth Century Fox owns two trademarks<\/a> tied to its iconic 1990 holiday film.<\/p>\n\n\n\n

Coca-Cola\u2019s Santa<\/strong> \u2013 The iconic Santa image<\/a> used in Coca-Cola\u2019s holiday advertising is a trademarked brand element, not just a creative illustration.<\/p>\n\n\n\n

Starbucks Holiday Cups<\/strong> \u2013 The seasonal cup designs<\/a> are protected as trademarks because they signal the Starbucks brand to consumers.<\/p>\n\n\n\n

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Three Patented Presents \u2013 Innovation Under the Tree<\/strong><\/p>\n\n\n\n

Patents<\/a> protect innovations in all types of industry. Like trademarks they need to be registered and have a protection of up to 20 years.<\/p>\n\n\n\n

Patents can cover innovative products and technologies that make the festive season special. From unique Christmas tree lights and automated decoration systems to novelty items like musical ornaments or self-heating mugs, inventors often seek patent protection to secure their seasonal creations. Unlike copyright or trademarks, patents protect functional inventions rather than creative expression or branding.<\/p>\n\n\n\n

Did you know that the first set of Christmas lights<\/a>, which was a string of 80 red, white and blue lights, was created by Thomas Edison\u2019s friend and partner in the Edison\u2019s Illumination Company, Edward Johnson in 1882?<\/p>\n\n\n\n

On the other hand, LED (Light Emitting Diode) Christmas lights have transformed holiday decorating by offering numerous advantages over traditional incandescent bulbs. They consume far less energy, making them more cost-effective and environmentally friendly, while also producing minimal heat, which reduces fire risks and makes them safer for indoor and outdoor use. Beyond efficiency, LED technology enables vibrant colours, dynamic lighting effects, and innovative designs such as programmable patterns and smart controls, giving decorators endless creative possibilities during the festive season. Many of these innovations have been protected through patents, covering everything from the circuitry and energy-saving mechanisms to advanced features like colour-changing technology and app-controlled lighting systems. LEDs were patented in 1966 by James Biard and Gary Pittman while they worked for Texas Instruments.<\/p>\n\n\n\n

Looking away from the shiny fairy lights, we also have patents for or concepts<\/a> such as group gift cards. Surprisingly, there have been patent applications for Santa\u2019s sleigh\u2014and even inventive methods for feeding his reindeer! Let\u2019s not forget tinsel, candy cane, the Christmas stocking and much more<\/a>!<\/p>\n\n\n\n

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Four Calling Clauses \u2013 The Legal Language of IP<\/strong><\/p>\n\n\n\n

Just as the carol speaks of calling birds, intellectual property agreements rely on \u201ccalling clauses\u201d that set out the essential rules<\/a> for using and protecting creative works. These clauses form the backbone of contracts such as licenses and assignments. Common examples include the Ownership Clause<\/strong>, which defines who holds the rights; the License Clause<\/strong>, outlining permissions and limitations for use; the Termination Clause<\/strong>, specifying when and how the agreement can end; and the Jurisdiction Clause<\/strong>, determining which country\u2019s laws apply. Each clause plays a vital role in avoiding disputes and ensuring that creators and businesses understand their rights and responsibilities\u2014because in IP law, every word matters.<\/p>\n\n\n\n

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Five Golden Rights \u2013 The Core of Intellectual Property<\/strong><\/p>\n\n\n\n

The expression of ideas in a physical medium is not only protected by copyright, but by many other IP rights<\/a>. Let\u2019s have a closer look at each:<\/p>\n\n\n\n