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Super Bowl Ads, and More Super Bowl Ads?

Posted in Advertising, Articles, Branding, Fair Use, Food, Marketing

What is a Super Bowl ad? Typically a Super Bowl ad refers to the ad of a brand that has paid lots of money to air its ad on network television during the Super Bowl, a/k/a The Big Game.

Apparently there are some NFL guidelines CBS had to follow as it began to receive offers of $5 Million for airing thirty second spots, so there is some control exercised by the NFL, it appears.

Not sure how Fiat avoided the NFL ban on “male enhancement products” ads last year — or may a car company allude to another’s banned product and avoid the ban itself?

As we, and others, have written about before, the NFL gets a little crazy about others using the words SUPER BOWL in advertising without the advertiser being an official sponsor.

But, does the appearance or reference to the words “Super Bowl” in an advertisement automatically make it a Super Bowl ad?

To be clear, the NFL doesn’t have an absolute right to forbid all possible use of or reference to the Super Bowl mark or event — especially when nominative fair use may apply.

Word to the wise, don’t try to navigate this fair use question on your own, even if you’re just planning to use the words, knowing you can’t use the logo.

So, what about ads that aren’t broadcast during the Super Bowl, they might be printed or aired leading up to the Big Game, are those Super Bowl ads too?

Would anyone believe the NFL has approved them? Or, do they merely reference another brand, the Super Bowl, in their advertisement, without resulting in any likelihood of confusion?

This gem arrived in my inbox during the course of the week, leading up to Super Bowl Sunday:

DunhamsSuperBowlisComing

What do you think, fair use, or off sides penalty? And, how about this one?

LowrySuperBowlSampler

Last one, was it necessary to avoid use of the Super Bowl mark here and replace with the infamous Big Game instead?

DunhamsSuperBowlSavings

How many letters do you suppose the NFL sends out in the two months following the Big Game?

If you’ve received one, we’d love to here from you, maybe we’ll share your story . . . .

Back to the other kind of Super Bowl ads, some of my favorite “official” Super Bowl ads from Super Bowl 50 were these, in no particular order:

  • Heinz Ketchup’s “Weiner Stampede” — my family loves dogs, what can I say? (USA Today’s AdMeter liked it too: #2);
  • Dorito’s “Ultrasound” — this was hilarious, having been in the delivery room four times, and lacking necessary focus at times, no doubt, but never once distracted with a bag of Dorito’s, at least that I recall anyway (USA Today’s AdMeter liked it too: #3)
  • Honda’s “A New Truck to Love” — can’t resist sheep singing my favorite Queen tune (USA Today’s AdMeter liked it too: #7)

And, I tend to agree with the worst five Super Bowl 2016 ads, according to USA Today’s AdMeter. I’m not sure the Super Bowl is an event where the folks expect to see boring pharmaceutical or laundry detergent ads.

So, which ones did you enjoy?