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The NFL’s Super Bowl Trademark: Separating Fact from Fiction
For years, a common misconception has circulated regarding the National Football League’s (NFL) trademark of “Super Bowl.” Many believe the NFL aggressively prevents almost any commercial use of the term, even by small businesses or individuals. This narrative, often amplified by media coverage, isn’t entirely accurate. While the NFL does protect its trademark, the scope of that protection is frequently enough overstated.
Understanding the NFL’s Trademark Rights
The NFL holds a valid trademark on “Super Bowl.” The United States Patent adn Trademark Office (USPTO) database confirms the trademark’s registration, covering the name and associated branding for the championship game. Though, trademark rights aren’t absolute. They are limited by legal principles like fair use and the potential for consumer confusion.
What the NFL *Can* and *can’t* Control
The NFL can legally prevent uses of “Super Bowl” that are likely to cause confusion about the source of a product or service, or that falsely imply an affiliation with the NFL. This means:
- Infringement: A company creating and selling “Official Super Bowl” merchandise without a license is infringing on the trademark.
- False Association: Advertising that leads consumers to believe a product is officially sponsored by the NFL when it isn’t, using the “Super Bowl” name, is problematic.
However, the NFL’s reach doesn’t extend to all commercial uses. Here’s what is generally not considered infringement:
- Fair Use: Using “Super Bowl” for commentary, criticism, or news reporting is protected under fair use doctrine.
- Descriptive Use: A restaurant advertising that it will be showing the “Super Bowl” on its televisions is generally considered descriptive use and is unlikely to be considered infringement. Nolo.com explains fair use in detail.
- Nominative Fair Use: Referring to the Super Bowl to identify the event itself, without implying sponsorship, is often permissible.
Examples of NFL Enforcement and Misconceptions
The NFL has sent cease-and-desist letters to businesses, including bars and churches, that have charged admission fees for Super Bowl parties.