Who Owns Christmas?

Business 2008. 12. 11. 11:38

In late November, Louisville, Ky., abruptly abandoned plans for a Christmas display based on the story "How the Grinch Stole Christmas."

It wasn't because of public uproar, or the big green meanie terrifying small children. No, it was the cease-and-desist letter from lawyers representing the estate of legendary children's author Dr. Seuss, threatening to sue for copyright infringement if the city went ahead with the Grinch-themed display.

"It appears these lawyers' hearts are two sizes too small," Louisville Mayor Jerry Abramson told reporters at the time.

Same thing happened in Medford, Mass. The town narrowly escaped a copyright infringement suit for a Christmas celebration called "Jingle Bells Festival." Medford officials agreed to rename the festival next year after Black Crow Media, a company based in Valdosta, Ga., filed a lawsuit alleging infringement.

In Pictures: A Slew Of Santa Suits

So be warned. Christmas may be a lot of things, but it's also a boon for lawyers, as owners of some of your most beloved holiday traditions defend their intellectual property rights from all comers.

Santa Claus is a case in point. Father Christmas, a British company and owner of Santa-Claus.com, owns a trademark for "Santa Claus." Trademark experts say that "Santa Claus" has become part of the public domain and that the trademark probably would not pass muster in a legal challenge. But apparently, the U.S. Patent and Trade Office didn't agree. In 2000, it added the “Santa Claus” trademark to the long list of approved holiday-themed, legally recognized trademarks, which include everything from "Santa's Elf" clothing to "St. Nick's" beer to "Santa Claws" pet apparel.

Domain names are also a holiday legal hot spot. GlobalAccess, an obscure company located on the equally obscure Isle of Man, has owned Christmas.com since 1994. Versimedia, which also owns GreetingCards.com, has owned Hanukkah.com since 1997. P. Gordon, owner of Getaway.com and UnitedStates.com, owns Holidays.com.



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