02 Feb NFL Protects “Big Game” Trademark

As we get ready to enjoy football’s Super Bowl here in the US today, we also think about the mega millions made by the league, teams, sponsors and merchants in promoting the big game. The National Football League strongly protects its Super Bowl trademark and its use for commercial purposes. Of course newspapers, commentators (like your humble blogger) and people writing about the game can use the name. But plan to use it to promote your business? You better have a license.

I am not an expert in the law of “intellectual property,” which includes trademarks. But trademark law actually requires a trademark owner to actively seek to stop infringers from improperly using the name, or they might be deemed to have abandoned their mark. That plus, well, the NFL likes the license fees it gets when it gives folks the right to use the name. Stories this week included unhappy New Jersey merchants who felt slighted when they were not able to use the trademark, complaining the NFL only seemed to care about promoting the game in New York, even though MetLife  Stadium is in New Jersey.

But be sure, the NFL, like many other trademark owners, has active “watches” out to spot potential infringers. So many businesses have a big sale for the “big game,” which everyone pretty much knows is referring to the SB. It appears they can’t protect the word “bowl,” since it refers to lots of different types of sporting events, so many people have a something bowl. But call it super? Well that could be a problem. So as we all drive our Audi (sponsor) to friends who spread out the Doritos (sponsor) and Budweiser (sponsor), just don’t plan to make any dough off the big game’s famous name!