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As the countdown to Christmas begins, intellectual property, identical to other industries, gears up for various holiday-related inventions, trademarks, and artistic works. While one cannot technically have a monopoly on Christmas, Hanukkah, or any other holiday, many have tried to obtain the broadest possible intellectual property rights relating to the same.<\/p>\n
There are four federally registered trademarks for \u201cMerry Christmas.\u201d One is for cigar and cigarette boxes. Another was registered by a winery for fruit wine, grape wine, and natural sparkling wines. Additionally, one design trademark incorporates the greeting \u201cMerry Christmas\u201d for Christmas tree ornaments and decorations. The applicant for this design mark was required to disclaim the terms \u201cMerry\u201d and Christmas,\u201d effectively rendering their mark protectable only to the extent that the terms are incorporated into that particular design. A trademark disclaimer is a statement the applicant of the trademark makes to the United States Patent and Trademark Office indicating that the applicant does not claim exclusive rights to those terms, because those terms are not registrable in the particular context. Trademark disclaimers often arise in the context of terms that are descriptive of the goods and services to which the mark relates.<\/p>\n
Some more playful \u201cMerry Christmas\u201d trademarks include variations in spelling and placement of the phrase among other terms. For example, in 2017, one individual registered \u201cMake American Merry Christmas Again\u201d for clothing. Another classic saying is \u201cMerry Christmas Ya Filthy Animal,\u201d which is registered for Christmas tree ornaments and decorations. In a religiously sensitive registration, \u201cMerry Christmas \u2013 If Applicable !\u201d is registered for a website featuring personal greetings about Christmas. Translations of the greeting have also been trademarked. \u201cFeliz Navidad\u201d was registered by a coffee roasting company for whole and ground coffee beans and coffee drinks. Also, the French translation, \u201cJoyeux Noel\u201d is registered for scented candles.<\/p>\n
Apparently less popular are trademark registrations for \u201cHappy Hanukkah\u201d and \u201cHappy New Year.\u201d There is only one registration relating to Hanukkah for a design incorporating the words \u201cHappy Hanukkah\u201d and \u201cShalom\u201d for chocolate candy bars. In this one, similar to the \u201cMerry Christmas\u201d design mark registration for Christmas tree ornaments and decorations, the applicant was required to disclaim the term \u201cHanukkah\u201d as well as the representation of a menorah in the mark. Moreover, while numerous people have attempted to register \u201cHappy New Year,\u201d especially immediately preceding Y2K, there exists only one active registration for the sentiment. This registration, filed in 2013, is owned by Mattel, Inc. and is for dolls, doll clothing, and doll accessories. Similarly, there is only one registration for \u201cAuld Lang Syne\u201d for distilled spirits.<\/p>\n
It is important to note that just because these individuals and companies have acquired federal trademark registrations, this does not limit anyone\u2019s ability to use the greeting in order to wish someone a happy holiday. This is due to the fact that the public, of course, does not associate the phrase with an individual brand or business but rather, the common sentiment during Christmas.<\/p>\n
In the copyright realm, there are many characters and songs relating to Christmas and the holiday season that are subject to protectable rights. However, holiday favorites such as \u201cJingle Bells,\u201d \u201cDeck the Halls,\u201d and \u201cSilent Night\u201d are in the public domain. When a work of art, which includes musical works of art, are in the public domain, this means no exclusive intellectual property rights apply. More specifically, the copyright rights have either expired, been forfeited, expressly waived, or are simply inapplicable.<\/p>\n
Meanwhile, many holiday musical works are not in the public domain and thus, are subject to copyright protection. Examples include \u201cSanta Clause is Coming to Town,\u201d \u201cWe Wish You a Merry Christmas,\u201d and \u201cFrosty the Snowman.\u201d Another example is \u201cHave Yourself a Merry Little Christmas,\u201d which was composed by Hugh Martin and first sung by Judy Garland in the MGM movie \u201cMeet me in St. Louis.\u201d Furthermore, \u201cWhite Christmas,\u201d which was originally written by composer Irving Berlin sometime between 1940 and 1942, is not in the public domain. Interestingly, the composer struggled to write the song and almost did not release it until Bing Crosby convinced him it was a worthwhile song. \u201cWhite Christmas\u201d then became the main song of the classic Christmas movie by the same title, starring Bing Crosby, Danny Kaye, and Rosemary Clooney. Ultimately, according to Guinness World Records, the song has gone on to be the biggest-selling single in history, with over 50 million copies sold.<\/p>\n
Finally, many inventors have patented various useful inventions to aid in people\u2019s holiday woes. For those who cut down and bring into their home an evergreen tree, there always exists the concern that trees are flammable and this risk is increased by the addition of electronics on the branches. Indeed, according to the National Fire Protection Association, firefighters respond to approximately 210 Christmas tree fires each year. To mitigate this concern, James Hopkins of Annapolis, Maryland invented the self-extinguishing Christmas tree, described in Patent No. 7,963,343, which provides for an air-pressurized reservoir containing fire-retardant agent and a mechanism for automatically discharging said agent. Also along these lines is a \u201cguardian angel Christmas tree topper,\u201d which provides smoke detection as well as an audible alarm that sounds upon detection of a predetermined amount of smoke and heat. In a less utilitarian sense, to \u201cenhance the appearance\u201d of a Christmas tree, U.S. Patent No. 2,522,906 exists for a Christmas tree vibrator that can \u201ctransmit a highly pleasing two-dimensional vibration thereto without interference with the decorations.\u201d<\/p>\n
While these innovators may have tried to capitalize on the holiday season and many people\u2019s affections therefor, Christmas, Hanukkah, or any other holiday simply cannot be wholly monopolized. Indeed, as everyone\u2019s favorite Christmas nemesis famously stated, \u201cMaybe Christmas doesn\u2019t come from a store. Maybe Christmas\u2026means a little bit more!\u201d<\/p>\n
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As the countdown to Christmas begins, intellectual property, identical to other industries, gears up for various holiday-related inventions, trademarks, and artistic works. While one cannot technically have a monopoly on Christmas, Hanukkah, or any other holiday, many have tried to obtain the broadest possible intellectual property rights relating to the same. There are four…<\/p>\n","protected":false},"author":2,"featured_media":3037,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-626","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog"],"yoast_head":"\n