A Toronto mall and its former “Fashion Santa” are having a snowball fight over the character. The mall hired a new Fashion Santa this year instead of the person who played the role before. The dispute is over who owns the character and name. They even have duelling trademark applications for Fashion Santa.
In the end it comes down to the facts (including whether the individual is an employee or an independent contractor, and who developed the character) and the nature of any agreement that might exist.
While disputes over public characters makes for good press, this kind . . . [more]