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The NFL’s Super Bowl Trademark Nonsense

Posted in Advertising, Articles, Fair Use, First Amendment, Infringement, Marketing, SoapBox, Television, Trademark Bullying, Trademarks

It’s that time of year again. Time to tiptoe around and avoid use of or make any reference to the Super Bowl. Whoops. Anyway, we’ve discussed this phenomenon before:

Advertisers — fearful of NFL legal action — strain and contort to avoid the two words that could make out a nominative fair use of the Super Bowl trademark, opting instead for pairs of other code words like “Super Sunday,” the “Big Game,” “Super Party,” or “Superb Owl” coverage.

Welcome to the advent of “Bowl Viewing Parties,” not Super ones, but Lavo and Tao ones:

Please, would someone just lawyer up, and call it the Super Bowl, while calling the NFL’s bluff?