Each December, Santa Claus steps into the global spotlight. His cheerful face fills shopping malls, parks, restaurants, airports—even the lobbies of corporate offices and religious centers. The jolly figure in a red suit and white beard feels like a universal part of Christmas. Yet behind this familiar icon lies one of the most fascinating and heated debates in intellectual property: who, if anyone, owns Santa Claus?

Where It All Began: The Original Santa Story

The roots of Santa reach deep into the 4th century, in the region of Lycia (modern-day Turkey). There, St. Nicholas—the Catholic Greek Bishop of Myra—became known for his acts of generosity, secretly delivering gifts and helping the poor. As stories of his kindness spread throughout Europe, different cultures crafted their own versions of the benevolent figure.

The Dutch introduced Sinterklaas, Scandinavians celebrated Julemanden, and Eastern traditions shaped sterner versions of the gift giver. Santa evolved with every retelling—a cultural mosaic reflecting the values and imagination of each region.

Fast-forward to 1820, when American poet Clement Clarke Moore published A Visit from St. Nicholas, giving Santa recognizable features: a plump, joyful man dressed in red, with a snowy beard and a penchant for chimney acrobatics. But it was the 1930s that truly sealed Santa’s modern look. Through Coca-Cola’s now-legendary holiday campaigns, the world met the red-suited, rosy-cheeked Santa who enjoys an ice-cold Coke—a version that would become the global standard.

Who Owns Santa? Enter the World of Intellectual Property

As Santa’s imagery spread, so did a thorny legal question: Can a character so deeply embedded in culture belong to any one company?

Coca-Cola sits at the heart of this conversation. Their Santa—friendly, wholesome, and always holding a bottle of Coke—became so iconic that many believed the company created Santa outright. While this isn’t true, it did lead to debates over intellectual property ownership.

According to Copibec’s 2020 report, the situation is clear:

• No one can claim ownership of Santa Claus as a cultural figure.

• But specific artistic representations, like Coca-Cola’s illustrated Santa, can be copyrighted.

In fact, by 1964 Coca-Cola had successfully copyrighted various elements of its Santa—his suit style, his posture, and his interactions with the Coca-Cola brand. These depictions are legally protected, meaning other companies cannot reproduce them in their marketing.

A Sleigh Full of IP: Trademarks, Copyrights, and Even Patents

Santa Claus sits at the intersection of multiple intellectual property systems. Together, these rights shape how brands and creators use the holiday icon:

Trademarks

Companies can trademark their own version of Santa if it becomes strongly associated with their brand.
Think of Macy’s Santa, immortalized through its Thanksgiving and Christmas parades.

Copyrights

Film studios, authors, and illustrators can copyright their particular depictions—whether it’s the Santa from a movie, a children’s book, or a festive ad campaign.

Patents

While Santa himself cannot be patented, creative inventions inspired by him can be. Unusual sleigh designs? A reindeer-guided GPS system for “present delivery”?
Those could, in theory, be protected through inventive patents.

Santa in the Public Domain: The Spirit That Belongs to Everyone

Despite these layers of protection, the essence of Santa—his generosity, his sleigh, his reindeer, and his role in spreading joy—remains firmly in the public domain. He belongs to all cultures, all communities, and all creative minds. You can draw him, write about him, build him, reinterpret him, or reinvent him without stepping into legal trouble—as long as you don’t copy someone else’s copyrighted version.

This balance is exactly what intellectual property law aims to achieve: protect original creativity while keeping cultural heritage open and accessible.

So as we enter the festive season, remember that while certain Santas belong to specific brands, the spirit of Santa—the universal symbol of giving—belongs to the world.