Friendly reminder to stay away from saying it’s your brand’s Super Bowl Party or associating with the NFL’s trademarks.
It’s that time of year again… time to remind you that Super Bowl and Super Sunday are registered trademarks of the NFL. This is why most brands and businesses use the phrase “the Big Game” in advertising linking promotions or events to Super Bowl Sunday.
Promoting your brand with the trademarked phrases almost always infringes on the NFL’s marks, and to the extent the NFL takes notice, may end up costing you. Promoting your brand with allusory names is cool – so is saying “San Francisco” or “Kansas City” in place of “49ers” and “Chiefs” – works, so does censoring yourself when saying the name or coming up with something else that’s funny to show you’re aware of the issue – like Colbert’s Suberb Owl bit. This is all because a direct association, through logos, or labeling or hosting an event where you use the trademarked phrases in advertising what your doing can, and usually does, cross a line from fair use to promotional use, and trying to draw that line when you’re a business is tricky. So, keep your advertising and social media peeps from getting you in trouble and remind them to it’s your #$@% Bowl Party unless you’ve paid the NFL for it.
