Every year, businesses look for creative ways to capitalize on the excitement surrounding the Super Bowl. Whether it’s a special discount on game day, a themed menu, or a giveaway, the temptation to use ‘Super Bowl’ in your marketing is strong. However, doing so without proper authorization can land you in legal trouble.
The Super Bowl: A Trademarked Event
The term “Super Bowl” is a registered trademark of the National Football League (NFL). The NFL strictly enforces its rights to prevent unauthorized use in marketing and promotions. That’s why you’ll notice that only official sponsors—who pay hefty fees—can use the name in their ads. Everyone else uses creative alternatives like “The Big Game,” “Sunday’s Championship,” or “Football’s Biggest Night.”
Other Trademarked Events to Be Aware Of
The Super Bowl isn’t the only major event that takes its intellectual property seriously. Similar restrictions exist for:
- NCAA March Madness – The NCAA actively polices the use of “March Madness” in marketing.
- The Olympics – The U.S. Olympic Committee is known for cracking down on unauthorized commercial references.
- The Masters Tournament – This prestigious golf event has strict rules about name usage in promotions.
What Could Happen If You Use ‘Super Bowl’ in Your Ads?
While it might seem like a harmless way to promote your business, using the term ‘Super Bowl’ in an unauthorized manner could result in:
- A Cease-and-Desist Letter – The NFL frequently sends formal warnings demanding businesses stop using their trademarks.
- Fines and Legal Action – In rare cases, businesses that ignore warnings could face legal action.
- Reputational Damage – Being on the wrong side of a legal battle with a powerful organization like the NFL can hurt your brand.
What Are the Odds of Getting Caught?
Truthfully, small businesses might not be on the NFL’s radar like big corporations, but enforcement is unpredictable. Some businesses have received legal warnings simply for using “Super Bowl” in a social media post. The NFL’s legal team actively searches for violations, especially as the game approaches. Even if you don’t get caught, the risk isn’t worth it when alternative phrases are available.
How to Stay Safe and Creative
Instead of using “Super Bowl,” try fun, generic wording that still gets the message across:
- “The Big Game Special”
- “Game Day Deals”
- “Championship Sunday Discounts”
By using alternatives, you can safely engage customers while avoiding legal trouble. Protect your business and keep your marketing smart!
So, How Are We Using ‘Super Bowl’ in This Article?
You may be wondering why we’re able to use the term “Super Bowl” freely here. This falls under fair use, which allows for the use of trademarked terms in educational and journalistic contexts. Since this article is informing businesses about trademark restrictions rather than promoting a product or service, its usage is legally permissible. However, using the term in an advertisement or marketing campaign without permission is a different story.
The ‘Superb Owl’ Workaround
A humorous and creative way people have avoided using “Super Bowl” is by referring to it as the “Superb Owl.” This phrase gained popularity after comedian Stephen Colbert used it as a playful workaround to avoid infringing on the NFL’s trademark. It has since become a cultural phenomenon, with many using “Superb Owl” in memes, jokes, and even event promotions.
While using “Superb Owl” in a non-commercial, humorous context is generally seen as fair use, businesses should still be cautious. The NFL has taken action against entities attempting to use similar-sounding terms commercially. In one instance, the league opposed an Arizona-based nonprofit’s attempt to trademark “Superb Owl” for a running event, arguing it could cause confusion with the “Super Bowl” trademark.
By understanding these nuances, businesses can navigate trademark restrictions more effectively while still engaging with cultural events in creative ways.