The wonders of Christmas are anchored by iconic images such as Santa Claus, Rudolph the Red Nosed Reindeer and Polar Bear Express.
However, plenty are not aware these characters are actually protected by trademark law under multiple jurisdictions.
Trademarked Christmas figures give us an insight as to how powerful branding and intellectual property law work together in shaping our most beloved traditions.
Does Santa Claus Belong to Coca-Cola?
Plump, red cheeked, red robed with a big white beard – the image we know of Santa Claus was originally influenced by Coca-Cola’s Christmas campaign in the 1930s. The original Santa Claus comes from a story tracing back to St. Nicholas, a gifting and generous 4th century saint.
So how did the modern image of Santa Claus come about? The Coca-Cola Company commissioned artist Haddon Sundblom to depict Santa Claus for their holiday campaign. Sundblom was inspired by 1823 poem ‘Twas the Night Before Christmas’ for his work, and thus the chubby, smiling and elderly Santa Claus was born.
Our idea of Santa Claus is heavily influenced by the boom in popularity gained by Sundblom’s illustration for Coca-Cola. Sundblom’s version of Santa Claus was featured in Coca-Cola’s Christmas campaigns in 1931, reaching millions around the world who warmed to the charming image of Santa Claus put out by the company. Since then, Sundblom’s creation has become paramount to the American beverage company’s branding over many holiday seasons (source).
Coca-Cola owns the trademark to Sundblom’s illustration of Santa Claus – an iconic look recognised by people and cultures around the world. The company has been diligent in utilizing the trademark with Coca-Cola’s campaigns and continues to protect ‘Santa Claus’ from those who copy without permission.
Coca-Cola’s annual Holidays Are Coming campaign is an example of the Santa Claus trademark in action (source).
The company’s ownership of this trademark shows us how intellectual property can elevate a brand’s identity. Coca-Cola aligns its product with the Christmas spirit and thus signifies the brand as quintessential to the holiday season, across people of all ages and cultures for many years to come.
The Nutcracker: Christmas Season is Ballet Season
Ballet companies perform The Nutcracker without fail every Christmas season, attracting many to the seats of their theatres to enjoy the ballet occurring only once a year. The story was based on E.T. A. Hoffmann’s 1816 The Nutcracker and the Mouse King and Russian composer Pyotr Ilyich Tchaikovsky adapted Hoffman’s story into a ballet, titled The Nutcracker Suite. The ballet premiered in 1892 and has remained as a Christmas staple for ballet fanatics around the world ever since (source).
Although the story and music of The Nutcracker have long entered the public domain (most copyrights only last a 100 years or so!) – many adaptations and performances in relation to The Nutcracker are trademarked. Large ballet companies such as the New York City Ballet and the Royal Ballet own the rights to several aspects of their choreography, productions, logos, costumes, lighting and set designs, thus protecting and preserving their individual interpretation of the original Nutcracker.
For example, trademarks such as ‘The Royal Ballet’s Nutcracker,’ character depictions and marketing materials in line with the Royal Ballet branding are setup to protect the company. These trademarks are key for the Royal Ballet to stand out with their individual interpretation of The Nutcracker, enhancing the company’s reputation as uniquely distinct from the rest.
The Nutcracker demonstrates how public-domain work can still be protected as intellectual property, allowing the ballet to live on as one of the many Christmas traditions we look forward to every holiday season. Coca-Cola’s Santa Claus and The Nutcracker highlight the importance of trademarks in preserving and commercializing Christmas traditions, demonstrating how intellectual property serves not only to protect assets but also to shape our culture.
Merry Christmas and Happy Holidays from Quality Oracle — your trusted Intellectual Property consultants.
