Am I allowed to say "Super Bowl"?
January 22, 2010 5:10 PM Subscribe
A bunch of local radio stations here are running competitions with Super Bowl themed prizes (weekends away, catered parties, etc.) but none of them call it the Super Bowl. It's always the 'Big Game' or the 'Game of the Year' or whatever. Is the NFL that paranoid or protective of the words "Super Bowl"?
Would the NFL really sue a large market radio station or something like the Travel Channel if they called it the Super Bowl (outside of news or sports reports) without paying some royalty fee?
Would the NFL really sue a large market radio station or something like the Travel Channel if they called it the Super Bowl (outside of news or sports reports) without paying some royalty fee?
Best answer: Is the NFL that paranoid or protective of the words "Super Bowl"?
According to this article from 2007, yes.
posted by mhum at 5:15 PM on January 22, 2010
According to this article from 2007, yes.
posted by mhum at 5:15 PM on January 22, 2010
It's not just the NFL either, every professional sports league is like this and the poster child for crazy trademark enforcement is the Olympics.
posted by Mitheral at 5:30 PM on January 22, 2010
posted by Mitheral at 5:30 PM on January 22, 2010
Would the NFL really sue a large market radio station
"For example, the NFL sent cease and desist letters to Clear Channel radio stations in 2006, arguing that promotional campaigns giving away free Super Bowl tickets violated the NFL's trademarks" -source
posted by smackfu at 6:20 PM on January 22, 2010
"For example, the NFL sent cease and desist letters to Clear Channel radio stations in 2006, arguing that promotional campaigns giving away free Super Bowl tickets violated the NFL's trademarks" -source
posted by smackfu at 6:20 PM on January 22, 2010
To echo what Mitheral said - the card game "Legend of the Five Rings," based off the historical book by Miyamoto Musashi (circa 1645), was sued and forced to change its logo (five rings, go figure) because the IOC felt people might confuse it with the Olympic Flag. Prior art not withstanding, they couldn't hold up against the Olympic's lawyers, and it was cheaper to change their logo on all of their product than to fight it out in court.
So yes, sports organizations are that crazy about their intellectual property.
posted by GJSchaller at 6:28 PM on January 22, 2010
So yes, sports organizations are that crazy about their intellectual property.
posted by GJSchaller at 6:28 PM on January 22, 2010
The IOC is at its own level of trademark craziness (they get laws changed for them,) but the NFL is right up there with English soccer.
It's bollocks on a "what is the intent of the law" level, but unless you want to go to court over it, you'll shut up and call it a 'Big Game' party.
(Note to self: Trademark "Big Game.")
posted by ChurchHatesTucker at 7:04 PM on January 22, 2010
It's bollocks on a "what is the intent of the law" level, but unless you want to go to court over it, you'll shut up and call it a 'Big Game' party.
(Note to self: Trademark "Big Game.")
posted by ChurchHatesTucker at 7:04 PM on January 22, 2010
(Note to self: Trademark "Big Game.")
The NFL already tried to trademark that name, but the Stanford/Cal rivalry managed to get them to call it off.
posted by gladly at 8:51 PM on January 22, 2010
The NFL already tried to trademark that name, but the Stanford/Cal rivalry managed to get them to call it off.
posted by gladly at 8:51 PM on January 22, 2010
Yeah, it's all sports.
MLB Backs Down When Someone It Bullies Explains Fair Use To Them
posted by rokusan at 10:33 PM on January 22, 2010
MLB Backs Down When Someone It Bullies Explains Fair Use To Them
posted by rokusan at 10:33 PM on January 22, 2010
"Would the NFL really sue a large market radio station"
All they have to do is threaten. Take it from a guy who has received a few Cease And Desist orders. Mine weren't from the NFL though, and I was in the right, but it was enough to scare the heck out of corporate. All they have to do is threaten.
Personally, I think the whole "Big Game" thing is stupid. The bigger of a deal the Superbowl becomes, the better it is for the NFL.
posted by 2oh1 at 11:51 PM on January 22, 2010
All they have to do is threaten. Take it from a guy who has received a few Cease And Desist orders. Mine weren't from the NFL though, and I was in the right, but it was enough to scare the heck out of corporate. All they have to do is threaten.
Personally, I think the whole "Big Game" thing is stupid. The bigger of a deal the Superbowl becomes, the better it is for the NFL.
posted by 2oh1 at 11:51 PM on January 22, 2010
The wife used to work at a large marketing company that did a few Super Bowl themed promotions for big multinational brands. The NFL charged a ton for the use of the phrase "Super Bowl", like $100,000 or more. It's enough that you rarely see the phrase "Super Bowl" from even big brands. If Doritos or Toyota or Sony has a The Big Game Sweepstakes and not a Super Bowl Sweepstakes, you know it's a lot.
posted by MKF at 12:02 AM on January 23, 2010
posted by MKF at 12:02 AM on January 23, 2010
And don't try the XXX vs. YYY game - you know that those team names are copyrighted too..
Try 'that game everyone watches for the commercials', or 'that game in January everyone watches'.
posted by chrisinseoul at 1:21 AM on January 23, 2010
Try 'that game everyone watches for the commercials', or 'that game in January everyone watches'.
posted by chrisinseoul at 1:21 AM on January 23, 2010
I think it's worth clarifying that the NFL (or anyone else) does not have the ability to regulate all speech in such a manner that they could demand a royalty anytime somebody said the words "Super Bowl". The objection is whenever the use of the words implies, in the NFL's opinion, an established relationship with the league. This relationship is one they like to sell, as another poster described, and failure to crack down on unapproved uses of the phrase would hurt their ability to charge as much as they do.
For example, if the Travel Channel did a show involving Miami Gardens, Florida for some reason, it would be perfectly fine for them to say during the program "The city will play host to Super Bowl XLIV next month." No need for the "Big Game" gymnastics. However if they decided to film a show about the way area businesses accommodate the surge of activity in the days leading up to the game, the NFL would surely object (successfully I think) to them putting the trademarked phrase "Super Bowl" in the title of the show or using it during commercials.
It seems silly but evidently they feel like the revenue from licensing the name is more than what would be derived from the free advertising. It makes sense -- one would imagine that the Super Bowl is the one thing in this country that doesn't really stand to gain a whole lot from even more promotion, as everyone is either watching it already or consciously deciding not to.
posted by ctab at 2:34 AM on January 23, 2010
For example, if the Travel Channel did a show involving Miami Gardens, Florida for some reason, it would be perfectly fine for them to say during the program "The city will play host to Super Bowl XLIV next month." No need for the "Big Game" gymnastics. However if they decided to film a show about the way area businesses accommodate the surge of activity in the days leading up to the game, the NFL would surely object (successfully I think) to them putting the trademarked phrase "Super Bowl" in the title of the show or using it during commercials.
It seems silly but evidently they feel like the revenue from licensing the name is more than what would be derived from the free advertising. It makes sense -- one would imagine that the Super Bowl is the one thing in this country that doesn't really stand to gain a whole lot from even more promotion, as everyone is either watching it already or consciously deciding not to.
posted by ctab at 2:34 AM on January 23, 2010
'that game in January everyone watches'.
It's in February.
posted by inigo2 at 8:30 AM on January 23, 2010
It's in February.
posted by inigo2 at 8:30 AM on January 23, 2010
To piggyback on ctab's example:
The Travel Channel doing a feature and saying "the Super Bowl will be here in February" can be seen as a free promotion for the Super Bowl itself. The people running the Super Bowl are happy because, yay, free advertising which maybe leads to selling some more tickets!
Haagen Dazs doing a series of ads with the slogan "Don't forget the sundaes on Super Bowl Sunday!" makes it sound like the NFL is officially endorsing Haagen Dazs as the official snack food of the NFL. Usually, the only way you can get an event to endorse your product by saying it's the "Official" snack food/sneaker/cell phone/hotel/toilet paper/shaving cream/picture frame of the whatever is if you pay them gobs of money. If you haven't paid them that gobs of money, then...you can't imply that they sponsor you.
posted by EmpressCallipygos at 7:37 PM on January 23, 2010
The Travel Channel doing a feature and saying "the Super Bowl will be here in February" can be seen as a free promotion for the Super Bowl itself. The people running the Super Bowl are happy because, yay, free advertising which maybe leads to selling some more tickets!
Haagen Dazs doing a series of ads with the slogan "Don't forget the sundaes on Super Bowl Sunday!" makes it sound like the NFL is officially endorsing Haagen Dazs as the official snack food of the NFL. Usually, the only way you can get an event to endorse your product by saying it's the "Official" snack food/sneaker/cell phone/hotel/toilet paper/shaving cream/picture frame of the whatever is if you pay them gobs of money. If you haven't paid them that gobs of money, then...you can't imply that they sponsor you.
posted by EmpressCallipygos at 7:37 PM on January 23, 2010
Haagen Dazs doing a series of ads with the slogan "Don't forget the sundaes on Super Bowl Sunday!" makes it sound like the NFL is officially endorsing Haagen Dazs as the official snack food of the NFL.
Well, that's the argument they'll use to take you to court. It's stupid, since the actual official snack food of the NFL will use the phrase "official snack food of the NFL." But, go to a capricious court, or cease and desist. Totally your call.
The proverbial moron is in an increasing hurry, apparently.
posted by ChurchHatesTucker at 7:47 PM on January 23, 2010
Well, that's the argument they'll use to take you to court. It's stupid, since the actual official snack food of the NFL will use the phrase "official snack food of the NFL." But, go to a capricious court, or cease and desist. Totally your call.
The proverbial moron is in an increasing hurry, apparently.
posted by ChurchHatesTucker at 7:47 PM on January 23, 2010
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posted by chrisamiller at 5:13 PM on January 22, 2010