Santa Claus has come a long way since the start of the internet era
- Many of the registered trade marks are fairly intricate device marks or contain significant amounts of other text. There is therefore unlikely to be sufficient similarity between these marks and the signs used by most businesses;
- Many of the trade marks are for fairly esoteric goods and services and/or specifically include goods relating to “Father Christmas”. Again therefore similarity is likely to be a hurdle;
- Validity: given the widespread and very generic use of names such as “Father Christmas” and “Santa Claus”, any attempt to register a mark which claims a monopoly over the use of these words for use on festive type goods or services is likely to fail or be hopelessly invalid.
|Would Coke run this ad today? Or would|
the implication that it contributed to obesity
in the elderly be a matter of concern?
|It can be difficult to pin a Santa image to any|
specific earlier IP right
This item was kindly written for the IPKat by Nick Phillips (no relation), who heads the IP practice at Barlow Robbins LLP.