Advertisements frequently refer to 'the Big Game' instead of 'the Super Bowl' due to corporate sponsorship agreements and legal restrictions to avoid trademark violations.
The phrase "Super Bowl" may be a common term in American culture, but it is, in fact, a federally registered trademark owned by the National Football League (NFL). This means that its use by businesses and organisations is strictly regulated to protect the NFL's brand from unauthorised exploitation.
The NFL's enforcement of these trademark rules is based on the principle, "If we let one person do it, then we have to let everyone do it." This strict enforcement ensures that commercial use of the "Super Bowl" term is controlled, safeguarding the NFL's substantial licensing and sponsorship revenues tied to the event.
Businesses and organisations are prohibited from using "Super Bowl" in advertising, promotions, or merchandise without explicit permission from the NFL. Unauthorised use typically includes phrases like "Super Bowl Sale," "Super Bowl Party," or commercial products aimed at capitalising on the event. The NFL often allows generic descriptive references like "the big game" as alternatives to avoid trademark infringement.
The NFL monitors media, advertising, and promotional campaigns closely in the lead-up to the event. It issues cease-and-desist letters to businesses and organisations that use "Super Bowl" without authorisation. In some cases, the NFL pursues legal action, including lawsuits against persistent or high-profile infringers to protect the exclusivity of its trademarks.
While churches can hold Super Bowl viewing parties, they cannot charge admission or use NFL or Super Bowl logos. They can, however, take up a collection to defray costs for the event. Stephen Colbert, a well-known TV host, used the phrase "Superb Owl" as a workaround for his Super Bowl coverage.
The NFL's control over the use of the "Super Bowl" phrase aims to maintain sponsorships and official connections. Super Bowl sponsors, such as the network airing the game, are allowed to use the phrase, but they pay heavily for it. Advertisers often use unregistered phrases like "the Big Game" or "the football championship" instead of the Super Bowl to avoid legal issues.
The International Olympic Committee also enforces strict copyright rules, fighting the use of the Olympic rings logo and certain other terms and images without prior written consent. The NFL also owns the copyright to the telecast of the Super Bowl.
Bars and other businesses can show the Super Bowl on TV but cannot promote it with the intention of earning revenue from food sales. They cannot charge admission to view the Super Bowl. Budweiser, for instance, paid $1.4 billion to extend its Super Bowl sponsorship through 2022.
Journalists can use the "Super Bowl" phrase under fair use laws for criticism, teaching, and news reporting purposes. The NFL takes legal action against anyone who is not officially paying to use the Super Bowl phrase but wants to cash in on it.
In conclusion, the NFL's control over the "Super Bowl" trademark is a testament to its commitment to protecting its brand and maintaining the integrity of its most prestigious event. The six-figure-per-second advertisements during the Super Bowl are a testament to the event's commercial appeal and the value of the "Super Bowl" trademark.
Businesses in the finance, entertainment, and sports sectors must be cautious when using the "Super Bowl" term in their advertising, promotions, or merchandise, as its use without explicit permission from the NFL may lead to legal action. For example, an entertainment company planning a "Super Bowl Party" or a sports business running a "Super Bowl Sale" would likely face consequences. Alternatively, some organisations may choose to use generic descriptive references like "the big game" to avoid trademark infringement, while still capitalising on the event's commercial appeal.
