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Reply #9: I'm pretty sure you can't legally trademark/"own" something or someone [View All]

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Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU
WePurrsevere Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-18-06 08:37 AM
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9. I'm pretty sure you can't legally trademark/"own" something or someone
like Santa.

Although I'm not a lawyer if I remember correctly they can trademark a unique design of a character... much their unique design of the old fairy tale character Snow White but Disney can't own the rights to a character like Santa who would certainly fall under something like public domain. Years ago I remember a case where McDonald's tried to tell the McDonald clan the same basic nonsense and, if memory serves me correctly, lost.

I must admit that I find the story a little amusing though. My husband, red shirt/hat or not, is seen as Santa by little kids all the time (especially at this time of the year). Even adults will comment on the similarity and he's getting used to it enough now that he'll usually laugh and play along... especially with the little ones. They're so cute and it's amazing how fast they stop acting up when "Santa" gives them the raised eyebrow. :D Of course it probably won't help any that I am increasingly looking more like a Mrs. Santa. :D
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