Apparently you can
trademark anything.
The US trademarks for
Santa Claus and
Father Christmas have been claimed by a
British man,
Stephen Bottomley of
Father Christmas Ltd. When trademarks for products and things named for people (e.g.
Air Jordan) are granted, the US
Patent and Trademark Office requires proof that the person consents to the trademark application. But in this case, a spokesman conceded that "We do not believe Santa Claus is a living person." This announcement, which must have
Virginia O'Hanlon spinning in her grave, is believed to be the first such acknowledgment from the US Government.
So
there is no Santa Claus, but does that mean you can trademark him? Much like
domain name squatting, whoever gets there first wins. So posted on the front page of Bottomely’s web site (www.santa-claus.com – purveyors of fine
Christmas and holiday crap) are the words "Santa Claus is a registered trademark of Father Christmas Ltd." and "The Real Santa Claus Lives Here!"
British tabloids cheered at the acquisition. But here in America, a profound yawn. See, he may hold the trademark, but it is completely unenforceable. Once something has been in the
public domain for so long and become so ingrained in the culture, you can’t just take that away. But hell, it’s a nice conversation piece, and he’s sure to be destined for a
Trivial Pursuit question and maybe even the
Guinness book, but it’s utterly meaningless.
So there. :P