from the playing-make-believe dept
It’s been several years since we last did this, but I’d like to remind you all that the National Football League plays a lot of make believe when it comes to what its trademarks for the “Super Bowl” do and do not allow it to do in terms of enforcement. Thanks largely to media outlets that repeat the false narrative the NFL puts out there, far too many people think that businesses, or even members of the public, simply cannot use the phrase “Super Bowl” in any capacity whatsoever if there is any commercial component to it.
TV companies advertising their goods and telling you to “be prepared for the Super Bowl”? Can’t do it. A church holding a party for the game with invitations to the Super Bowl and a 5$ cover charge? Verboten. And this way of thinking is perpetuated by posts like this one from TVLine.
The term “Super Bowl” is an NFL trademark, and licensing that trademark is very, very expensive. After all, the NFL makes a lot of money from “Super Bowl” commercials – 30-second slots for this year’s game have cost upward of $10 million.
Of course, there are ways around not being able to mention the Super Bowl in commercials. Brands that aren’t willing or able to license the name will refer to it as “the big game” or something along those lines instead. What’s more, the brands that pay to license the name still have to work within strict parameters. According to L.A. Tech & Media Law, parties that purchase Super Bowl ad spots can only mention the name of the event for a limited period of time.
In the past, the league has sent cease-and-desists to bars and even churches that host Super Bowl parties and charge an admission fee. In short, if an entity of any kind uses the term for commercial gain, they can expect a letter from the NFL’s lawyers.
Yes, they can, but that shouldn’t be the entirety of the post. The NFL can send whatever letters they like. What matters is whether they are asserting rights they actually have or not. Otherwise, posts like this leave the public with an, at best, incomplete idea of what rights the NFL has and what rights it doesn’t.
The NFL certainly has a trademark on “Super Bowl.” That does not automagically mean it can fully control all uses of that mark, even where there is money involved. Fair use defenses still apply, of course, as does the general standard that the use had to either confuse the public as to the source of the product or service, or falsely imply an association between the company and the NFL. Not all uses, even commercial, will do that.
Stop giving the NFL power it doesn’t actually have. A restaurant putting out a sidewalk sign that says it will have the Super Bowl on its TVs is not trademark infringement by any sane reading of the law. An advertisement merely acknowledging the existence of the Super Bowl does not in and of itself make it infringing.
Yes, the NFL pulls overly protectionist crap with this trademark all the time. Yes, it would take coordinated pushback from more than one corporate entity with deep pockets to fight it. But it’s a fight worth fighting and, at the very least, none of us have to pretend that the NFL has rights it doesn’t have.
Filed Under: super bowl, trademark
Companies: nfl
