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Santa, Rudolph & the IP sleigh ride: Who owns the magic of Christmas?
December 9, 2025
With the festive season upon us, magic fills the air, but even the iconic symbols of Christmas cannot escape the world of intellectual property (IP) law.
Whilst these laws are in place to ensure that the creators receive the recognition they deserve for their work, they also play a role in shaping how we continue to keep the magic alive throughout the test of time.
In this article our Solicitor, Siobhan, showcases how key areas of intellectual property law apply to some of Christmas’s most recognisable characters and traditions, and the key points businesses should take away from these festive examples.
As the most iconic symbol at Christmas time, his big red belly and long snowy beard are among Santa’s most distinctive features. Whilst it may appear that the image of Santa universally belongs in the public domain, various companies have attempted to enforce their copyright over specific elements associated with Santa Claus.
Coca-Cola’s 1930s Christmas advertising campaigns led to the misconception that the company owns the copyright to the contemporary “Santa Claus” image. However, the origins of Santa Claus date back as far as the 3rd Century with stories of St Nicholas, a man in a red robe, giving gifts to children began. The image of Santa we know today was heavily influenced by Clement Clarke Moore’s 1823 poem ‘A Visit from St Nicholas’, which is now in the public domain. Many of Santa’s modern-day attributes are set out in the poem and this is what artist Haddon Sundblom used as inspiration to create the first of many versions of Santa Claus, commissioned by Coca-Cola. Therefore, whilst Coca-Cola owns the copyright to the images created by Sundblom, they do not own the copyright to the image of Santa Claus himself.
Attempts to enforce a copyright over generic features (such as Santa’s red suit or his hat) typically fail because such elements lack the originality required for IP protection. Whilst every author is automatically given copyright protections over their specific expressions of the man in red, these rights will be difficult to enforce unless there is an added uniqueness that can be shown.
The secrecy around Santa’s workshop is truly one that keeps the magic alive.
The methods by which his elves mass produce gifts for all, adds another layer to the IP discussion. A trade secret protects commercially valuable information, provides a competitive advantage, and is subject to appropriate confidentiality measures. Unlike other IP rights, trade secrets can last indefinitely, provided secrecy is maintained.
Therefore, the work Santa’s elves do, as well as Santa Claus’ delivery service could easily be considered the best kept trade secrets of the festive season.
Santa relies heavily on the assistance of his reindeers to deliver all his gifts in one night. The most notable of his flying crew, Rudolph the Red-Nosed Reindeer, has his own intellectual property story that shines brighter than he does.
Rudolph the Red-Nosed Reindeer was created in 1939 when Robert L. May, an employee of Montgomery Ward LP, produced this as the character for a promotional campaign. Montgomery Ward LP initially held the copyright as Rudolph was created in the course of employment. However, in 1947 the copyright was transferred to May who licensed it for adaptations, including for the famous song by Johnny Marks (who was also May’s brother-in-law).
Ownership of the copyright has since been transferred to The Rudolph Company LP (owned by May’s children). Copyright for the story and its adaptations remains in force until at least 2034, with the famous song protected until 2044, following which these could enter the public domain.
However, even if ‘Rudolph’ was to enter the public domain, there would still be additional IP considerations. Copyright law protects the expression of an idea, such as the story and song. However, trade marks relating to Rudolph will still exist.
Securing a licence to use Rudolph will still require navigating trade mark issues, as those with licensing agreements to use the character may own trade marks in relation to Rudolph under their specific licence. Licensing agreements usually outline the terms such as the scope of use, duration and financial arrangement in return for the use. Therefore, different aspects of Rudolph’s identity such as his visual representation, song or story may each require separate licences. These agreements will also usually include royalty payments or flat fees, depending on the intended use of the licenced intellectual property.
The complexity of the various licenses that could be required explains why Rudolph and his shiny red nose feature less frequently in mainstream Christmas productions than his popularity might suggest.
One of the key challenges Santa and his helpers face is enforcing IP rights relating to his operations. The North Pole, the rumoured home of Santa and his workshop, does not fall within the legal jurisdiction of any nation, raising questions about which legal framework governs his intellectual property rights.
As a global phenomenon, Santa’s IP rights could be infringed in multiple jurisdictions, each with its own rules. Enforcement would generally occur wherever the infringement takes place. For example, if Santa were to enforce his IP rights following infringement by a company registered in England and Wales, this would be pursued within the jurisdiction of England and Wales. Whilst infringement could occur in various jurisdictions, each with its own set of rules and regulation, there is some hope for Santa to protect his rights under international IP treaties. If the North Pole were to become a signatory to international intellectual property conventions such as the Berne Convention or the WIPO Copyright Treaty, he may be able to enforce his rights in all signatory countries.
Whilst it is clear that certain expressions of Christmas that we are all familiar with have specific owners, such as Cocoa-Cola’s Santa or Rudolph the Red Nosed Reindeer, the true magic of Christmas remains a shared global treasure, owned by all who celebrate it.
If the above has raised questions about your own brand, creations or rights, get in touch with one of our IP solicitors via our online contact form or by calling 02920 829 100 to see how we can help you.
To speak to one of our experts today, please contact us on 02920 829 100 or by using our Contact Us form for a free initial chat to see how we can help.
