from the jingle-all-the-way dept
‘Twas last year before Christmas, just about one year past,
We wrote of “Fashion Santa,” who disputed his task.
Hired by Yorkdale Mall, a Toronoto affair,
As a good looking Santa, to attract shoppers there
But in 2016, a year already weird
Fashion Santa retired, or so it appeared.
When the mall chose to hire a new sexy St. Nick
Fashion Santa said, “No!” for this was his shtick
He claimed that the character, whom ladies did like,
Was creative and thus covered by copyright
But Santa soon learned a basic IP lesson
You can’t copyright ideas, only expression,
And Yorkdale Mall had for a trademark applied,
Should he go the same route, he’d be likely denied.
For that reason this writer assumed in his post,
That the mall would win… and Hot Santa would roast.
But even this writer can be wrong, on occasion
As it seems Fashion Santa prevailed — (yes, amazin’!)
Paul Mason aka Toronto’s FIRST famed Fashion Santa tells TMZ his legal battle with the Yorkdale Mall is over, and he got what he wanted. The OG gained international attention a few years ago when he did his thing, but when Yorkdale tried to trademark “Fashion Santa” … Paul challenged in court.
Paul argued the trademark should be his because he’s the only model people associate with the title, “Fashion Santa.” He says they eventually settled out of court, and now he has the trademark.
And so after a year of legal back and forth
It seems the mall caved to the beau from the north.
And though legal folks think that the mall should have won
It was not worth their trouble, and so now this is done.
Mason gets his own trademark to ply his handsome craft
And the mall gets to put it away in the past.
We may question the mall’s lack of backbone and fist
But perhaps they avoided Santa’s naughty list.