Every December, familiar faces show up everywhere: Rudolph’s glowing nose, the Grinch’s sly grin, and that ever-watchful Elf on the Shelf. For most of us, they’re just part of the holiday magic. For brand owners and lawyers, they’re also valuable intellectual property.
This post kicks off our December series on holiday trademarks, looking first at characters and the legal fights that sometimes follow them.
Holiday IP 101: Copyright vs. Trademark
Before diving into Rudolph’s legal sleigh ride, it helps to understand the basics.
- A trademark is a word, phrase, symbol, design, or combination that helps consumers identify the source of goods or services.
- Copyright protects original creative works like books, movies, art, and songs. It’s separate from trademark and covers the expression of an idea, not the idea itself.
- Some characters are protected by both: copyright protects the story/art, while trademarks protect the name, logo, and branded merchandise.
That’s where holidays get interesting.
Rudolph the Red-Nosed Reindeer: More Than Just a Song
Rudolph didn’t start as a folk tale. He was created in 1939 by Robert L. May for department store Montgomery Ward, which initially owned the copyright as a “work made for hire.” The company later transferred copyright to May, and his family built The Rudolph Company, L.P., which still controls key rights in the character.
Over time, the company has:
- Licensed Rudolph for books, TV specials, and endless merchandise
- Registered RUDOLPH trademarks for various goods and services
- Enforced those rights against “look-alike” products
One example: a UK opposition over a proposed mark REINDEER NOSES (RUDOLPH’S SPARES) for sweets. Rudolph’s owners argued that the mark tried to trade off the reputation of their existing RUDOLPH marks and the famous song.
Takeaway: If you sell products using the name “Rudolph” with a red-nosed reindeer image, you’re likely stepping into a thicket of existing trademark and copyright rights.
The Grinch Who Stole…Your Infringing Photo Shoot
The Grinch, created by Dr. Seuss, is another holiday icon with serious legal backing. Dr. Seuss Enterprises aggressively protects its characters, including the Grinch’s image and distinctive green, furred look.
Recent warnings to photographers and small businesses have highlighted that using a Grinch costume or likeness in commercial photo sessions (e.g., “Grinch mini sessions” for families) can raise copyright and licensing issues if done without permission.
Key point: Dressing a generic “green monster” for private, noncommercial use is one thing; selling sessions marketed as “Grinch” photos with a recognizable costume can be quite another.
Elf on the Shelf, Frosty, and Other Modern Christmas Celebrities
Other beloved characters, like Elf on the Shelf, Frosty the Snowman, and characters from Hallmark movies and Disney holidays, often appear on Etsy T-shirts, mugs, and décor. Many of these characters are protected by copyright and trademark, and rights holders routinely monitor markets and send takedown notices.
That’s because:
- The character designs and stories are protected by copyright; and
- Names, logos, and key phrases often function as trademarks for a wide range of licensed merchandise.
Can You Use Holiday Characters Without Permission?
Short answer: It’s risky if you’re doing it commercially. A few high-level guidelines:
- Personal, noncommercial use (e.g., decorating your home) usually raises minimal legal concern.
- Commercial use (selling shirts, cups, prints, or running paid events) may require permission or a license from the rights owner.
- Simply changing colors or adding text rarely avoids infringement if the character is still recognizable.
- Using a “generic” reindeer, snowman, or green creature is safer, but avoid distinctive names, visual elements, and storylines tied to specific franchises.
Practical Tips for Businesses
If you’re a business owner, maker, or marketer planning a holiday campaign:
- Don’t assume a character is “free” just because it’s old or widely used.
- Avoid using specific character names, exact likenesses, or recognizable story elements on products you sell.
- If in doubt, consider seeking a license, or choosing a more generic, original design.
At Griffith Barbee PLLC, we help businesses navigate holiday IP decisions so they can celebrate the season without unwanted legal surprises.
Related Posts:
Trademark Fundamentals for Entrepreneurs: Why Your Brand Needs Legal Protection