Everywhere I look today, I see advertisements about what to eat during “THE BIG GAME”. What’s up with that?
According to the National Football League, “Super Bowl®” is their registered trademark for television broadcasting services; television transmission services; distribution of television programming to cable and satellite television systems; distribution of television programs for others; cable television broadcasting; radio broadcasting; broadcasting programming on the Internet; information transmission via electronic communications networks; transmission of information through video communication systems; broadcasting services and provision of telecommunication access to video and audio content provided via a video on demand; streaming of audio material on the Internet; streaming of video material and podcasts on the Internet; electronic delivery of images and photos via a global computer network; providing multiple-user access to a global computer information network for the purpose of participating in interactive polling in the field of football; wireless communications services, namely transmission of text, graphics, data and entertainment information to mobile phones; mobile media and entertainment services in the nature of electronic transmission of entertainment media content.
The League has also registered the term for football helmets, cell phone covers, cell phone straps, special holsters and accessories in connection thereof for carrying cellular telephones, cell phone face plates, decorative magnets, prerecorded compact discs, audio tapes, videotapes and DVDs all featuring the sport of football, computer mouse pads, jewelry, watches, clocks, pins, earrings, necklaces, bracelets, belt buckles made primarily of precious metals, charms, money clips made primarily of precious metals, tie pins, rings, collectible coins, commemorative coins, posters, trading cards, series of books relating to football, magazines relating to football, newsletters relating to football, notepads, stickers, bumper stickers, paper pennants and greeting cards; printed tickets to sports games and events; pens and pencils, rub on decorative transfers, note paper, pictorial prints, picture postcards, art pictures, wrapping paper, paper table cloths, paper napkins, paper party invitations, paper gift cards; paper gift bags, paper decorations, collectible cards; collectible card and memorabilia holders, souvenir programs for sports events, toys and sporting goods, namely, plush toys, stuffed animals, play figures, golf balls, golf club covers, footballs, toy banks, playing cards, Christmas tree ornaments, balloons, jigsaw puzzles, and miniature helmets.
If anyone wants to use any logo or trademark of the League, she must apply to NFL Properties LLC for a license by submitting a 36 page application, and agree to pay guaranteed royalties that start at $100,000 per year and go up (way up) from there. If she does not want to pay NFL Properties, and does not want to get sued for trademark infringement, the only choice is to choose a euphemism like “Big Game”, which is OK, unless you’re a dentist from Indiana (just sayin’).
Now, if you watch the Game-O Gigantico, you will also hear: “This telecast is copyrighted by the NFL for the private use of our audience. Any other use of this telecast or any pictures, descriptions, or accounts of the game without the NFL’s consent is prohibited.” So be sure not to tell anyone the score if you are asked.
Now, where are my nachos? It’s time to watch the COLOSSAL CONCUSSION CONTEST.
— Lawrence A. Husick, Esq.