We’re just days away from Super Bowl LIX, I mean the 59th Big Game. This time of year, you need to be careful about how you refer to the Championship of American Football. That’s because the Gridiron Gala is protected by a bunch of federal trademark registrations:
| Mark | Goods/Services |
| SUPER BOWL Reg: 846056 Serial: 72261119 | 028 equipment (or apparatus) sold as a unit for playing a football-type board game; |
| SUPER BOWL Reg: 882283 Serial: 72321005 | 041 entertainment services in the nature of football exhibitions; |
| SUPER BOWL CONCERT SERIES Reg: 2133100 Serial: 75020981 | 041 entertainment services, namely, a continuing annual series of musical and comedy performances; |
| SUPER BOWL Reg: 2954420 Serial: 76572704 | 025 men’s, women’s and children’s clothing, namely, fleece tops and bottoms, caps, headwear, t-shirts, sweatshirts, shorts, tank tops, pants, jackets, golf shirts, knit shirts, jerseys, wind resistant jackets, cloth bibs; |
| SUPER BOWL Reg: 3138590 Serial: 78688906 | 009 football helmets, cell phone covers, decorative magnets, prerecorded dvds all featuring the sport of football, computer mouse pads; 014 jewelry, watches, clocks, pins, earrings, necklaces, bracelets, belt buckles made primarily of precious metals, charms, money clips made primarily of precious metals, rings, collectible coins, commemorative coins; 016 posters, trading cards, series of books relating to football, magazines relating to football, notepads, stickers, bumper stickers; printed tickets to sports games and events; pens note paper; pictorial prints; art pictures; paper table cloths; paper party invitations; paper decorations; collectible cards; collectible card and memorabilia holders, souvenir programs for sports events; 028 toys and sporting goods, namely, plush toys, stuffed animals, play figures, golf balls, footballs, christmas tree ornaments, balloons, jigsaw puzzles, miniature helmets; |
| SUPER BOWL Reg: 3343714 Serial: 77182909 | 038 television broadcasting services; television transmission services; distribution of television programming to cable and satellite television systems; distribution of television programs for others; cable television broadcasting; radio broadcasting; broadcasting programming on the internet; information transmission via electronic communications networks; transmission of information through video communication systems; broadcasting services and provision of telecommunication access to video and audio content provided via a video on demand; streaming of audio material on the internet; streaming of video material and podcasts on the internet; electronic delivery of images and photos via a global computer network; providing multiple-user access to a global computer information network for the purpose of participating in interactive polling in the field of football; wireless communications services, namely, transmission of text, graphics, data and entertainment information to mobile phones; mobile media and entertainment services in the nature of electronic transmission of entertainment media content; |
The NFL even has a federal trademark registration for the Vince Lombardi trophy:
Protecting these trademarks is the job of the NFL’s trademark lawyers, who supposedly send out hundreds of cease and desist letters every year to witting and unwitting recipients.
So how do you avoid being on the receiving end of one of these letters? Unless you are an official sponsor, do not use the words “Super Bowl” to advertise products or services. That’s why we end up with so many “Big Game” promotions this time of year, such as Krispy Kreme’s Big Game Specialty Dozen Bundle:
Interestingly, the NFL considered shutting down this workaround by seeking trademark protection for THE BIG GAME. In 2006, the NFL filed two federal trademark applications for THE BIG GAME covering everything from entertainment services to bumper stickers. In response, the U.S. Patent and Trademark Office issued Office Actions requiring the NFL to disclaim the word “game”.
The NFL agreed to the disclaimer but ultimately decided to abandon the trademark applications. Perhaps the NFL saw the writing on the wall that it would be nearly impossible to enforce THE BIG GAME trademarks due to the disclaimer of “game”. Until the NFL changes its mind, you are free to continue advertising your “Big Game” specials.
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