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Christmas may be just around the corner, but not everything is sleigh bells and tinsel. This year, The Grinch has stolen the spotlight—starring in major UK Christmas adverts for Asda and McDonald's. The Advertising Association estimating that around £12bn has been spent on Christmas adverts in 2025. Finding a competitive advantage by leveraging the festive goodwill (or infamy) of a beloved celebrity or character in support of a brand's products is a tried-and-tested marketing strategy during the holiday season.
The power of festive advertising
The Christmas advertising season is big business. According to the Advertising Association, UK brands spent an estimated £12 billion on festive campaigns in 2025. With such high stakes, leveraging the goodwill—or mischievous charm—of a beloved character is a tried-and-tested strategy to capture consumer attention.
For Asda, even the cold-hearted Grinch is swayed by the promise of low prices for his family's Christmas shopping. Meanwhile, McDonald's introduced The Grinch Meal, complete with gherkin-flavoured fries, green lemonade, and Grinch-themed socks in place of the usual toy.
But behind the festive fun lies a serious question: what intellectual property rights make this possible?
The Grinch as intellectual property
The Grinch was created by Theodor "Dr Seuss" Geisel and first appeared in How The Grinch Stole Christmas! (1957). Over nearly 70 years, the character has become a cultural icon—synonymous with festive mischief and anti-Christmas sentiment.
In the UK, the Seuss Estate protects its rights through copyright and trade marks:
- Copyright: Dr Seuss's original text and illustrations remain protected under UK law until at least 2061 (life of the author plus 70 years). This covers the character's literary and visual expression.
- Trade Marks: The word mark THE GRINCH is registered in the UK (e.g., UK00902776664) for goods including clothing (Class 25), toys (Class 28), printed matter (Class 16), and multimedia products (Class 9).
These rights ensure that any use of The Grinch's name, likeness, voice, or catchphrases in advertising or merchandise requires permission from the rights holder.
What is character merchandising?
Character merchandising is defined by WIPO as:
"The adaptation or secondary exploitation of the essential personality features of a character in relation to various goods and/or services with a view to creating in prospective customers a desire to acquire those goods and/or to use those services because of the customers' affinity with that character."
In simple terms, it's about using a character's popularity to sell products. From Mickey Mouse in the 1930s to today's Grinch-themed menus, this practice is now a cornerstone of global marketing.
Licensing: The legal backbone
For campaigns like Asda's and McDonald's, robust licensing agreements are essential. These contracts govern how the character can be used and protect both the rights holder and the brand.
A good licensing agreement should:
- Preserve IP value through quality-control provisions.
- Clarify ownership of trade mark and copyright rights.
- Define scope and territory of use (e.g., UK-only, TV, social media).
- Address liability and ensure clear separation between rights holder and product manufacturer.
Royalties are typically paid to the rights holder, calculated based on factors such as the character's fame, longevity, and commercial appeal.
Key takeaways for UK brands
- Secure licences for both copyright and trade marks before using a character.
- Include clear quality-control and usage terms in agreements.
Final thoughts
The Grinch may steal Christmas on screen, but in the world of IP, rights holders hold the keys to the sleigh. As festive campaigns grow ever more creative, understanding the legal framework behind character merchandising is essential for brands looking to turn seasonal magic into marketing success.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
