WHO IS SANTA CLAUS?

In December, Santa Claus is everywhere...in stores, parades, street corners, yards, television, songs, advertisements, etc. In my early youth, was traumatized when I was told that Santa was my parents. How could my parents be in all those places? So, who really is Santa Claus?

To resolve my question, I naturally turned to the law...the alleged universal source of all wisdom. First coming to mind, of course, was the movie Miracle on 34th Street, where the judge held that Kris Kringle was Santa Claus because the post office delivered to him all letters addressed to Santa. However, on reflection, could I give credence now to this precedent given that the postal service claims to be on the edge of bankruptcy and primarily delivers to me tons of catalogs with pictures of Santa hawking gadgets I neither need or can afford. More research was needed!

"No one owns Santa Claus. The legend and the symbol have a solid place in the public domain." (Santa's Workshop v. Sterling, 153 N.Y.S 2d 839 (1956)). So, Santa is his own man who is some kind of symbol.

In another case, a shopper sued a store after a wood Santa fell from a shelf and hit her on the head. The court held for the store (Davis v. Wal-Mart Stores, 774 So.2d 84 (La. 2000)). So, Santa his own man, lives in the public domain, is made of wood and hits people on the head. Does it get any better?

Well, in another case, plaintiff's had received, and the court upheld, a copyright for a plastic Santa stuffed newspapers. The court described Santa: "the major component of plaintiffs' Santa Claus is a large bag cut from red plastic material, sewn together, and provided with a slit in the back for the insertion of crumpled newspaper. This bag is cut from an appropriate pattern so that it defines the arms, legs and torso of a human form. White trim is utilized at the end of the arms to give the appearance of mittens, while black plastic at the end of the legs serves as boots. At the top of the torso, a smaller bag is included to represent the head. At the back of this smaller bag there is a flap to receive a stick for supporting the head. The second component of plaintiffs' Santa Claus consists of a face and hood, which are slipped over the head of the figure. Finally, a tunic snapped around the waist performs the dual function of providing the illusion of a coat and holding in the stuffing. A square molded belt buckle, inscribed with scroll work and including a central opening, is attached to the top of the tunic. At the bottom is a horizontal white plastic stripe representing fur trim." (Doran v. Sunset HOuse Distributing Corp., 197 F. Supp. 949 (S.D. CA. 1961)).

Now I am really confused. No one owns Santa but he can be copyrighted. He can be wooden or he can be a bunch of plastic bags stuffed with newspapers--you know those sheets we used to read--with a stick up his head. But, after more research, I found a case that clarifies everything, because the law always is clear.

"It is generally accepted that the concept of Santa Claus can be traced to St. Nichols, a bishop of the early Catholic Church...Santa Claus of today is a figure endowed with mythic trappings having no conceivable connection to his real progenitor--he is a jolly bearded figure who lives at the North Pole and emerges on Christmas Eve in a flying sleigh pulled by eight reindeer to distribute toys manufactured by elves by climbing down chimneys." (Donnelly v. Lynch, 525 F. Supp. 1150 (D. RI. 1981)).

So, Santa is both real and unreal. This Christmas Eve, instead of leaving milk and cookies for Santa's visit, try leaving a glass of cool, fresh water. You may discover the real Santa Claus.