IP Protection for Christmas Ornaments

Introduction

The holiday season brings a time of joy and celebration, often illuminated by the creative sparkle of décor, such as lights and ornaments. Ornaments, beyond being mere decorations, are a canvas for artists and designers to showcase their creativity and cultural expressions. However, as the market for ornaments grows, so does the challenge of protecting their unique designs.

Creators often find themselves at a crossroads, uncertain how to safeguard their work from imitation or unauthorized use. This blog post discusses copyrights and design patents, offering insight into how these legal tools can be used to protect Christmas ornament designs.

Section 1: Copyright Basics

Copyright is a form of protection granted by law for original works of authorship fixed in a tangible medium of expression. For Christmas ornament designers, an original sketch or a mold for an ornament could be protected by copyright.

This protection extends to a wide range of expressions, from intricate patterns adorning a bauble to innovative shapes of the ornaments themselves. However, it is important to note that copyright does not protect ideas, concepts, or techniques, but rather the specific way these are expressed. For example, an ornament designer who specializes in designing ornaments shaped like leopards would be unable to categorically prevent other artists from designing ornaments shaped like leopards. Similarly, an ornament designer who sprays each of her ornaments with spray paint could not prevent others from using the same or similar technique.

While copyright is automatically conferred upon creation, registering the copyright with the U.S. Copyright Office solidifies the protection and is necessary for enforcing rights in court.

Copyright protection lasts for the life of the author plus seventy (70) years. This duration offers long-term security for designers, ensuring their creations are protected well beyond the season of their initial release.

*Photograph taken by Oleksandr Pidvalnyi and licensed pursuant to the Pixabay Content License.

Section 2: Design Patent Basics

In contrast to copyrights, which protect artistic expression, design patents create an exclusionary right for the visual ornamental characteristics of an object. For Christmas ornaments, this means the specific appearance of the ornament—its shape, surface ornamentation, and overall form—can be protected.

Obtaining a design patent requires filing an application with the United States Patent and Trademark Office (USPTO). This process involves providing detailed drawings of the ornament, highlighting its unique design aspects. Design patent applications are more rigorously reviewed than copyright applications. Patent examiners review design patent applications to ensure the design is novel (i.e., it does not already exist), non-obvious (i.e., it would not be obvious to combine two or more existing designs to achieve the applied-for-design), and not purely functional.

Once issued, a design patent lasts for a period of fifteen (15) years from the date of issuance. This period allows designers exclusive rights to their designs, preventing others from making, using, selling, offering to sell, or importing ornaments with the same or a substantially similar design.

*Pages from United States Design Patent No. D559,729 for a Christmas Bell Ornament.

Section 3: When to Choose Copyright vs. Design Patent

Choosing between copyright and design patent protection depends largely on the nature of the ornament design and the desired scope of protection. Copyright is more appropriate for designs that are primarily artistic, such as a hand-painted scene on a bauble or a unique graphical pattern. It is ideal for creators who are more concerned with protecting the artistic expression of their work.

On the other hand, a design patent is better suited for ornaments where the novelty lies in their shape or structure. For example, an ornament with a unique three-dimensional form or an innovative way of hanging or displaying would benefit more from design patent protection.

Sometimes, the best strategy involves a combination of both. For an ornament with a distinctive shape and an intricate pattern, securing both copyright and design patent can provide comprehensive protection. This dual approach safeguards both the artistic elements and the distinctive structural design of the ornament.

Section 4: Enforcement and Challenges

Enforcing copyright and design patent rights can be challenging. It requires vigilance in monitoring the market and readiness to act against infringers. Depending on the circumstances, both forms of IP can be enforced through cease and desist letters, negotiations, or, if necessary, legal action.

One of the primary challenges in protecting Christmas ornament designs is the global nature of the market. Many ornaments are manufactured overseas, complicating the enforcement of U.S. copyrights and patents. Furthermore, the seasonal nature of these products means that infringements can spread quickly and widely before they are detected.

To effectively monitor and address these infringements, creators can employ various strategies, such as online searches, setting up alerts for similar products, and even engaging the services of attorneys or agencies specializing in intellectual property enforcement.

Conclusion

Protecting the unique designs of Christmas ornaments is not just about preserving artistic integrity. It is also about safeguarding the commercial value. While the process can seem daunting, understanding and using the tools of copyright and design patent can offer significant protection.

Creators should consider their designs' unique aspects and choose the protection that best suits their needs, whether it be copyright, design patent, or a combination of both. As the market for these festive decorations continues to grow, it is more important than ever for designers to take proactive steps in protecting their work.

We encourage all creators of Christmas ornaments to consider these legal protections and seek professional advice if needed. By doing so, they can ensure that their designs remain as unique and special as the holiday season they celebrate. If you have designed a new Christmas ornament (or intend to do so), you can schedule a consultation with an experienced intellectual property attorney here.

*Drawings from a utility patent application for an “Illuminated Artificial Christmas Tree.”