Santa and his elves, Rudolph’s red nose, and the melodies of our favorite holiday songs: Many of us cannot imagine the holiday season without the array of familiar symbols we attach to it. However, behind the joy and nostalgia of these seemingly timeless traditions lies the often-overlooked world of intellectual property (IP) law. While these laws ensure creators receive the recognition they deserve for their work, they also play a surprising role in shaping how we share and celebrate the staples of the holiday season.
Protecting holiday icons
Take Santa, for example. While the character of Santa Claus, with his red suit and snowy beard, is universally recognized and part of the public domain—meaning there’s no overarching trademark tied to him—not every depiction of Santa is free for use. Coca-Cola’s version of Santa, for instance, is a specific and iconic portrayal so closely associated with the company that it is trademarked (trademark registration number 3121372). 
This means Coca-Cola’s Santa, first featured in their 1930s advertising campaign, is protected for use on items like snow globes, cookie jars, ornaments, playing cards, and more. Any depiction resembling this version cannot be used commercially without permission, ensuring Coca-Cola’s Santa remains exclusively tied to the brand.
Rudolph the Red-Nosed Reindeer offers another example of how IP law intersects with tradition. Created by Robert L. May for a Montgomery Ward Christmas promotion in 1939, Rudolph’s story quickly gained fame and became synonymous with holiday cheer. A decade later, Johnny Marks’s song cemented Rudolph’s place in holiday history. Yet both the character and the song are protected under copyright and trademark law; the name “RUDOLPH THE RED-NOSED REINDEER” is registered under U.S. Trademark Registration Number 1,309,723 and there is a design trademark for Rudolph’s red-tipped nose on a deer-like animal, registered under 1,974,435. Any depiction of holiday reindeer must steer clear of these defining features to avoid legal infringement.
Holiday music also operates under strict IP boundaries. It’s no surprise that modern classics like All I Want for Christmas Is You are protected by copyright, but even some of the most universal tunes, like Feliz Navidad and It’s Beginning to Look a Lot Like Christmas, require licensing agreements for public performances or adaptations. However, older songs like Jingle Bells or Silent Night are in the public domain and can be used freely. This means we’re more likely to hear these public-domain classics in commercials and public events, as they don’t require the additional expense of licensing.
IP behind the scenes
IP laws quietly influence holiday traditions in unexpected ways. Trademarked characters like Rudolph or Coca-Cola’s Santa cannot appear on merchandise—whether ornaments, clothing, or wrapping paper—without proper licensing, ensuring companies retain exclusive rights to their creations. Public performances of holiday-themed works, even at small local theater productions or school concerts, often require permissions that come with fees, even for seemingly simple acts like singing a carol. And the holiday movies that air year after year are controlled by licensing agreements that dictate how, when, and where they’re broadcast. This is why certain classics only have limited airings or are tied to exclusive streaming deals.
But IP doesn’t just preserve tradition—it fuels innovation. In 2013, a patent was filed for LED light displays synchronized to music (US20060137510A1), technology that has now become a staple of holiday celebrations. This invention is what allows for automated large-scale, intricate light-and-sound shows and has become popular in at-home decorations as well.
Innovations like these thrive because inventors can rely on IP protections to safeguard their creations, giving them the confidence to share their ideas, knowing they will receive proper credit and recognition.
— Parker Wenig