Beware When Using Phrase for “Super Bowl Sunday” | AGMB (2024)

“Super Sunday.” “The Big Game.” “Game Day.” There seems to be lots of synonyms for the Super Bowl. But why is everyone so afraid to use the term “Super Bowl”? Thomas H. Vidal, Partner, Abrams Garfinkel Margolis Bergson, LLP, says the National Football League (NFL) is very aggressive when it comes to enforcing trademark violations of its namesake football championship game.

“Super Bowl” was first used by the NFL in 1967 and later trademarked in 1969. A trademark is governed by both state and federal law and protects a word, phrase, name, symbol, or design of goods or services for possibly an indefinite period of time. In order to serve as a trademark, it must be distinctive (capable of identifying the source of a particular good). Organizations trademark names and phrases to protect others from exploiting it for financial gain. As such, the NFL warns all organizations — even churches — that the phrase Super Bowl is not available for fair use in advertisem*nts. In 2007, the NFL sent a cease-and-desist letter to a church group in Indiana that had advertised a Super Bowl party with the intent of charging admission. This resulted in other church groups halting similar activities.

While major beer companies and automobile manufacturers lay out millions of dollars to use “Super Bowl” in their advertising, especially when it gets close to the game, businesses circumvent the trademarked phrase by using other ones such as the Big Game and Super Sunday. The NFL filed a trademark application for the Big Game, but was met with great opposition from businesses and colleges.

To legally use a trademarked phrase, an exception must apply, such as when the term is being used to discuss or comment upon the event or to criticize it. (“So this discussion would be exempt — I hope,” says Mr. Vidal.) Media outlets and bloggers are exempt from being subject to charges of trademark violations.

Mr. Vidal litigates various intellectual property matters such as copyright, patent, trademark, trade secret, licensing and contract, business torts, antitrust and unfair competition. He handles civil trials in state and federal court in the technology, entertainment and media and consumer product industries. He is lead trial counsel for the plaintiff in the copyright takedown case Equals Three, LLC v. Jukin Media, Inc., a closely watched case involving case involving fair use, which is set for trial on March 1 in Los Angeles federal court.

© 2018 Abrams Garfinkel Margolis Bergson, LLP. All Rights Reserved. Attorney Advertising: Please note that prior results do not guarantee a similar outcome.

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Beware When Using Phrase for “Super Bowl Sunday” | AGMB (2024)

FAQs

Can you use the phrase Super Bowl? ›

Simply put, the NFL views any commercial activity that uses or refers to the “Super Bowl” to draw attention as a violation of its trademark rights. Many of the activities challenged by the league undoubtedly deserve to be penalized.

Why are you not allowed to say Super Bowl? ›

In case you were wonder, “Super Bowl” isn't the only term that the NFL has trademarked regarding the, um, Big Game. The following phrases are also off-limits for promotional purposes, according to the Lerman Center communications law firm: “Super Bowl” “Super Sunday”

How much do the players on the losing team get paid at the Super Bowl? ›

That's because of a provision in the NFL's bargaining agreement with the Players Association. The agreement stipulates players on the winning team earn an extra $164,000 for playing in the Super Bowl, while players on the losing team earn $89,000.

How do you use Super Bowl in a sentence? ›

The Super Bowl is a football game that is held each year in the United States between the two best professional football teams. The Giants won the Super Bowl in 1987. Joe Montana won four Superbowls with the 49ers.

Can you say Super Bowl party? ›

So, unless you're using the trademark to promote your organization, sell products, or raise money (such as by charging admission to a Super Bowl party), your organization is unlikely to infringe on the NFL's trademark rights.

Why aren t people saying Super Bowl? ›

His explanation: The NFL registered the SUPER BOWL trademark in 1969. Since then, the league has earned a reputation as a diligent enforcer of its trademark rights given the vast number of demand letters and legal actions it has instituted over the years to protect the name.

When can you say Super Bowl? ›

As it turns out, it isn't even illegal to use the term “Super Bowl” in a commercial, under the legal doctrine of “nominative fair use,” which allows the use of someone else's trademark “for purposes of reporting, commentary, criticism, and parody, as well as for comparative advertising.” The problem is that the NFL has ...

How much was the cheapest ticket to the Super Bowl in 2024? ›

To access our site, disable your adblocker. The cheapest face-value tickets for this year's Super Bowl sold directly by the NFL were about $2,000. And that price was after fans, including season ticket holders, win the chance to fork over several grand to buy them via a lottery system.

What do people call the Super Bowl? ›

Because the NFL restricts the use of its "Super Bowl" trademark, it is frequently referred to as the "big game" or other generic terms by non-sponsoring corporations. The day that the game is held, is commonly referred to as "Super Bowl Sunday" or simply "Super Sunday".

What was the Super Bowl almost called? ›

Flash forward to 1966 and the upcoming championship game. One of Rozelle's suggestions for the name of the new game was “The Big One.” That name never caught on. “Pro Bowl,” was another Rozelle idea. Had the name been adopted, there would have been confusion, for that was the name used for the NFL's All Star game.

What do football players say when they win the Super Bowl? ›

What would you do if you won the Super Bowl? Say it with me, "I'm going to Disney World!" Countless superstar athletes over the years have uttered those words (or "I'm going to Disneyland!" depending on geography) soon after winning a major title.

How much will Mahomes make for winning the Super Bowl? ›

Mahomes will earn an extra $1.25 million if Kansas City wins the Super Bowl — as long as he plays at least 50% of the game's offensive snaps.

How much is a Super Bowl ring worth? ›

They're not free: The cost per Super Bowl ring can run anywhere from $30,000 to $50,000. The New England Patriots' Super Bowl XLIX rings, for instance, cost $36,500 each. A full set of rings for a team can cost upwards of $5 million. Who pays for them: The NFL contributes $5,000 per ring for the first 150 rings.

How much do Super Bowl refs make? ›

Money.com reports that in some cases, a couple of NFL referees earning up an average of $114,000 approximately for working with the NFL. For the Super Bowl, every referee will get a bonus and their salary can rage from $54,428 up to a maximum amount of $462,622.

Are you allowed to call it the Super Bowl? ›

As it turns out, it isn't even illegal to use the term “Super Bowl” in a commercial, under the legal doctrine of “nominative fair use,” which allows the use of someone else's trademark “for purposes of reporting, commentary, criticism, and parody, as well as for comparative advertising.” The problem is that the NFL has ...

What are the NFL approved phrases? ›

The six messages players can choose from as part of the helmet decal program are: “End Racism,” “Stop Hate,” “It Takes All of Us,” “Black Lives Matter,” “Inspire Change” and “Say Their Stories.”

How can companies legally refer to the Super Bowl in their ads? ›

Some creative ways that brands have tried to keep both feet in bounds in their promotions include using statements such as “The Big Game,” “The Big One,” “Gametime,” “The Big Matchup” or “Football's Favorite Day”; referencing the date of the game (e.g., “The February Football Finale”), the names of the cities/states of ...

Is the phrase "the big game" trademarked? ›

Such as, Super Sunday, gameday, and over a hundred other marks. The NFL attempted to trademark the phrase “the Big Game,” but voluntarily abandoned their trademark application after over twenty different parties came forward to oppose the application of the trademark.

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