Unwrapping the IP in Christmas Jumpers

As the Christmas season sparkles with festive lights, the Christmas jumper takes centre stage on 7th December – Save the Children’s ‘Christmas Jumper Day’. Beyond the (often naff) designs and cozy knits, there’s a fascinating intersection between creativity and the law. We take a look at how copyright and trade marks play a crucial role in the designs of these jolly jumpers.

Copyright in Christmas Jumpers

Christmas jumpers are more than just seasonal fashion; they are canvases for creativity. Patterns, illustrations, and whimsical slogans are all expressions of artistic ingenuity, and are protected by copyright. This protection, however, doesn’t cover how the jumper is made but rather focuses on preserving the original and expressive elements that make the festive design special.

For creators, understanding the boundaries of copyright is important, and ensuring that your Christmas jumper design is original is essential – using someone else’s work on your jumper isn’t just lacking in Christmas spirit, it infringes that person’s copyright.

Trade Marks and Christmas Jumpers

Moving on from the traditional designs, in the realm of Christmas jumpers, trademarks now play a role beyond merely identifying the retailer that you buy the jumper from. Last year saw the launch of the Primark x Greggs Christmas jumper, replete with the Greggs logo and their iconic sausage rolls. This year, Primark has a Christmas jumper collaboration with Subway (the sandwich people) and, of course, the 2023 Christmas jumper scene wouldn’t be complete without a pink one from Barbie (in both Adult and mini-me sizing!).

Trademark protection isn’t limited to brand logos though. It can also extend to the distinctive look and feel of a Christmas jumper line, provided it has become synonymous with a specific brand. This legal safeguard not only preserves market share but also adds an extra layer of protection to a brand’s identity in the ever-evolving landscape of festive fashion.

So what is Christmas Jumper Day?

Christmas Jumper Day is an annual event by Save the Children, which raises funds for children in need. Launched in 2012, it has now become a Christmas tradition. Each December, countless individuals don their most festive sweaters, donate £2 to Save the Children, and contribute to creating a brighter future for children in the UK and worldwide.

Last year it raised a staggering £5 million, which included £2 million in matched funding from the UK government. Over 2 million school children and 24,000 workplaces took place, wearing their Christmas jumpers and raising money. This collective effort has made a significant impact on improving the lives of children. You can sign up here.

Merry Christmas, one and all!

As we eagerly anticipate the arrival of Christmas, the story behind Christmas jumpers unveils a captivating narrative of IP protection, fun and fundraising. Copyright and trademarks not only preserve the creative spirit behind each jumper but also contribute to a rich and diverse market. Beyond the legalities, they serve as guardians of the magic woven into every festive stitch, reminding us that the joy of the season is not just in the garments we wear but also in the creative minds that bring them to life, and the lives we can improve by wearing one.

Navigating the complexities of IP is not just for Christmas so if you need trademark or patent advice, get in touch here to speak with one of our experienced attorneys.

Does WIPO PROOF provide a more effective way to protect your copyright and designs?

While the patent and trade mark processes are well structured and clearly set out, protecting your other IP rights requires you to prove these ideas were definitely yours at a  specific point in time.  The World Intellectual Property Organisation’s (WIPO) new online WIPO PROOF service may finally offer a more effective way to protect your copyright and designs.

WIPO PROOF is a new digital service that allows you to date and time-stamp any digital file so you can inexorably prove your ownership of this asset at a specific point in time. 

It has been designed to provide innovators in any industry sector with a fast, effective, instantly accessible and, best of all, inexpensive way to safeguard a digital representation of their literary or artistic works, designs, trade secrets and data.

How does WIPO PROOF improve the current system for protecting copyright and unregistered designs?

Up until now if you needed to prove you owned copyright or design rights on a certain date, the best advice an attorney could give you was to print out or burn a copy of your words or a drawing or photo of your idea then seal it in an envelope with a signed statement from a credible witness and post it to yourself.

Then, as long as you gave the unopened envelope along with an official receipt showing the date of postage to your lawyer for safekeeping, you should be able to uphold your ownership of your copyright or design.

However, this has always been labour-intensive, expensive, and not entirely watertight.

Given the increasingly digital age in which we live, a more reliable and more user-friendly method has long been needed.

How could WIPO proof help you protect your copyright, designs, trade secrets and data?

WIPO describes the new WIPO PROOF service as being “very easy to use, making the service indispensable for any intellectual asset strategy”.   We’d add that at just 20CHF for 5 years, it also seems extremely cost-effective.

However, if it’s going to be adopted it must also be easy to use.  Thankfully this also looks to be the case as the system follows a simple 6-step process:

  1. You access your account
  2. You choose which assets you wish to establish proof of ownership of (in a digital format)
  3. The browser then generates a unique record of your asset
  4. You request a WIPO proof token
  5. Your asset is time stamped and the time and date are added to your token
  6. You can then download unalterable proof the digital token was created at that exact moment in time

Which intellectual property rights can WIPO PROOF be used to protect?

While copyright (the IP right used to protect art, music, lyrics, literature, software, and textile designs) and unregistered designs (the IP right used to protect the physical appearance of your products) are the most obvious applications, there are two more IP rights you could use WIPO PROOF to protect:

1. Trade secrets and know-how

This could include software algorithms, formulae, recipes, manufacturing processes or your client data or business plan, in fact any proprietary information that you can leverage economic value from.

2. Data

Even though the end result of your R&D could well be a new patent application, the data behind your innovation may be valuable in its own right.

Two IP advise on the protection of every type of IP right including copyright and designs as well as patents and trade marks and we are committed to finding a better way of working including finding solutions like WIPO PROOF.  To find out how we could help protect and grow your IP portfolio, please email us today.