The principle that “where there’s a hit there’s a writ” doesn’t cease to apply during the season of goodwill. The novelty song Grandma Got Run Over by a Reindeer, sung by Elmo Shropshire, became a hit in 1979 and has been popular ever since. But this Christmas it will be a feature not only in the radio play lists but also on the court case list.

In 2000, the song inspired an animated TV show, and now its makers are suing Shropshire for breach of contract over claims that he interfered in a $2 million deal it had made to sell musical trucks, dolls, snow globes and cookie jars featuring characters from the programme.

The song, about Santa running down a tipsy grandmother with his sleigh, and the TV spin-off continue to run seasonally worldwide. The Fred Rappoport Co. argues it owns the rights to use the song to promote products featuring the characters. It claims it acquired those rights in settlement of a 2004 lawsuit brought by “Dr Elmo” (who was a veterinarian before turning to song).

Rappoport claims that Dr Elmo improperly sent cease-and-desist letters to companies with which it had contracted to market products. Dr Elmo says the company can sell any characters from the show, but contends: " I own the copyright from the song. [Rappoport] can't use the song without my permission." The temperature is rising in the winter wonderland.

The jolliness of Christmas works in almost all venues except courts. Courts can’t do jollity. Just before Christmas in 2000, at Luton magistrates’ court, a sullen convicted man was about to be sentenced for a property crime when the courtroom suddenly rang out to the tune Santa Claus is Coming to Town.

The magistrate awkwardly opened his jacket and began fiddling with his musical novelty Santa Claus tie. The courtroom was aghast. The man in the dock stood slack-jawed. The magistrate’s tie then burst into We Wish You a Merry Christmas before stopping, at which point the defendant was jailed for four months.

Professor Gary Slapper is Director of the Centre for Law at The Open University

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