How to Avoid Trademark Trouble With Holiday Characters
The holiday season is a time of joy, nostalgia, and an endless stream of marketing campaigns featuring beloved holiday characters. From Santa Claus to Rudolph the Red-Nosed Reindeer, businesses rely on these figures to evoke holiday cheer and boost sales. However, many companies make the mistake of assuming all holiday characters are free to use in their branding and advertisements. The truth? Some holiday icons may be in the public domain, but specific versions or interpretations of them are protected by trademarks or copyrights—and using these without permission could lead to legal trouble.
Public Domain vs. Trademarked Holiday Characters
Not all holiday characters are created equal when it comes to intellectual property.
Public Domain Characters: Some characters, like Santa Claus and Frosty the Snowman, are in the public domain, meaning they’re free to use without permission. However, specific versions of these characters may still be protected by trademarks or copyrights (more on that below).
Trademarked or Copyrighted Characters: Unique interpretations, designs, or adaptations of holiday characters may be legally protected. For example, “Elf on the Shelf” and Coca-Cola’s version of Santa Claus are trademarked, making them off-limits unless you obtain proper authorization.
Why It Matters: Using a holiday character that’s trademarked or copyrighted without permission could lead to:
Cease-and-desist letters requiring you to pull your products or marketing campaigns.
Costly lawsuits for damages or infringement.
Reputational harm to your brand during the holiday season.
Real-Life Examples of Trademarked Holiday Characters
To illustrate the complexities of this issue, here are some real-life examples of holiday characters that businesses need to be cautious about:
1. Coca-Cola’s Santa Claus
Santa Claus himself is in the public domain. However, Coca-Cola’s specific depiction of Santa—complete with his rosy cheeks, jolly smile, and signature red suit—has been protected by the company since the 1930s.
Trademark Protections: Coca-Cola owns trademarks on their version of Santa used in advertising and merchandise.
The Risk for Businesses: If you create a Santa image or campaign that looks too much like Coca-Cola’s iconic depiction, you could be accused of infringement.
Takeaway: Stick to generic or original depictions of Santa that differ significantly from well-known commercialized versions.
2. Elf on the Shelf
The beloved “Elf on the Shelf” brand, including its name and design, is fully trademarked and copyrighted.
Trademark Protections: The creators of Elf on the Shelf have aggressively protected their intellectual property, even pursuing legal action against businesses that create similar elf-themed products or promotional materials.
The Risk for Businesses: A business using an elf with similar design elements or marketing a product as “inspired by Elf on the Shelf” could face legal action.
Takeaway: If you want to use elves in your holiday branding, create a completely original design that doesn’t resemble the Elf on the Shelf aesthetic.
3. Rudolph the Red-Nosed Reindeer
Rudolph the Red-Nosed Reindeer is another holiday character with complex IP protections.
Public Domain Status: The original idea of Rudolph is not in the public domain.
Copyright Protections: Rudolph’s story and specific design, created by Robert L. May for Montgomery Ward in 1939, are still copyrighted.
The Risk for Businesses: Using Rudolph’s likeness or storyline in your marketing could lead to copyright or trademark disputes.
Takeaway: Avoid using Rudolph’s name or likeness in your campaigns unless you have permission from the IP holders.
How to Avoid Trademark Trouble With Holiday Characters
To keep your holiday campaigns festive and legally sound, follow these tips:
1. Stick to Public Domain Depictions
Characters like Santa Claus are public domain, but be cautious about how you depict them. Avoid copying unique versions created by companies like Coca-Cola. When in doubt, use generic versions of public domain characters or research their usage rights.
2. Create Your Own Unique Versions
If you want to incorporate holiday characters into your branding, design your own interpretations. For example:
Create a completely original elf design instead of mimicking Elf on the Shelf.
Use a distinctive art style to make your Santa or reindeer stand out.
Incorporate your brand’s identity into the character (e.g., giving Santa a modern, tech-savvy twist if you’re a tech company).
Pro Tip: Trademark your unique version to prevent others from copying your design.
3. Avoid Referencing Trademarked Names or Titles
Even if you create your own version of a holiday character, avoid using trademarked names like “Elf on the Shelf” or “Rudolph.” These names are protected even if your designs look different. Instead, come up with your own titles and brand them accordingly.
4. Consult a Trademark Attorney
If you’re unsure whether your holiday campaign might infringe on someone else’s trademark, consult an intellectual property attorney before launching it. They can help you navigate the complexities of trademark law and avoid potential disputes.
5. Obtain Licensing If Necessary
If you absolutely want to use a trademarked holiday character, consider reaching out to the copyright or trademark holder for a licensing agreement. While this can be costly, it ensures you have legal permission to use the character and avoids any risk of infringement.
Why Originality Is Good for Business
Aside from avoiding legal trouble, creating original holiday characters and branding is an excellent way to differentiate your business. Instead of relying on familiar characters like Santa or Rudolph, consider these creative options:
Develop a completely new character that aligns with your brand values.
Use unconventional holiday symbols, like snow globes, pinecones, or winter animals, to inspire your marketing.
Lean into your brand’s identity (e.g., a fitness company creating a “Healthy Holiday Hero” character).
Originality not only protects you from lawsuits but also helps your business stand out in a sea of holiday marketing.
Final Thoughts
Holiday characters are a powerful marketing tool—but they’re also a legal gray area for businesses. While some icons like Santa Claus are free to use, others (like Coca-Cola’s Santa or Elf on the Shelf) are heavily protected by trademarks and copyrights. By understanding the legal landscape and creating original, distinctive designs, you can make the most of the season while avoiding costly disputes.
This holiday season, let creativity and originality be your guide. Protect your brand, stay unique, and spread festive cheer—without a lawsuit!
Got questions about holiday trademarks? Share your thoughts in the comments, or reach out for more insights! 🎄
