Santa’s IP checklist: Keeping your brand off the naughty list

The festive season is a crucial time for businesses and organisations: marketing activity ramps up, new product lines are launched and brands compete fiercely for consumer attention. But with this surge in creativity comes an increased risk of intellectual property (IP) infringement. From the music used in adverts to the design of seasonal packaging, anyone creating festive content should be alert to how copyright, trade marks and design rights apply to their Christmas campaigns.

Copyright: Music, imagery and seasonal storytelling

A common pitfall is the use of Christmas music in advertising. Many festive classics (whether traditional carols or more modern hits) are protected by copyright. Using them in promotional content, even on social media, generally requires a licence from the relevant rights holder or collecting society. It is a common misconception that short clips or background use fall under “fair dealing”, but this is rarely the case. The safest route is to obtain an appropriate licence, commission bespoke music or use royalty-free alternatives from reputable libraries.

Imagery also carries risks. Iconic Christmas scenes, illustrations or characters may be protected by copyright and those creating festive campaigns must be cautious when commissioning artwork or sourcing images online. Even AI-generated visuals can raise questions if trained on copyright works. Ensuring that all creative assets used in festive campaigns come with clear usage rights can prevent costly disputes.

Trade Marks: Festive branding and the risk of imitation

The Christmas period often inspires limited-edition branding, from product packaging to promotional slogans. However,  festive themes do not create an exemption from trade mark law. Certain well-known seasonal expressions, such as names of famous Christmas characters, may be registered trade marks. Avoid branding that is confusingly similar to established marks, even if intended as parody or homage.

Additionally, those introducing their own festive branding should consider filing trade mark applications early, particularly if they plan to use the branding in future years. A distinctive Christmas slogan or product name could itself be protected, preventing competitors from capitalising on the goodwill generated during the season.

Design Rights: seasonal products, decorations and packaging

The design of Christmas products (baubles, jumpers, wrapping paper, limited-edition packaging and more) may be protected by registered or unregistered design rights. Copying a competitor’s festive design, even unintentionally, can amount to infringement if the earlier design has individual character.

Anyone investing in developing unique seasonal design elements should consider registering them. Registered designs can be obtained quickly and relatively cheaply, making them a useful tool during a time when competitors may seek to release lookalike products to capture festive demand.

Practical steps

To minimise IP risk during the festive season, you should consider:

• Conducting an audit of all creative content used in campaigns, confirming licences where needed.
• Briefing marketing teams and external agencies early on IP considerations.
• Searching for conflicting trade marks before adopting new festive product names or slogans.
• Considering registering new designs or trade marks where seasonal branding will be reused.
• Acting quickly if lookalike products or infringing materials appear on the market.

Conclusion

The festive period presents exciting opportunities for any organisation creating seasonal content but also heightened IP exposure. By proactively considering copyright, trade mark and design issues, businesses can protect their creative investment—and avoid disputes at the busiest time of the year.