The NFL’s Super Bowl Trademark: A Battle Over Control and Fair Use
For years, the National Football League has maintained a firm grip on its “Super Bowl” trademark, often leading to the perception that any commercial use of the term is strictly prohibited. However, the reality is far more nuanced. The NFL’s enforcement practices frequently exceed the scope of its legal rights, creating a chilling effect on businesses and even community organizations.
The Myth of Total Control
Many believe the NFL can shut down any business using “Super Bowl” for commercial gain. This isn’t entirely accurate. While the NFL does hold a trademark, that trademark doesn’t grant them absolute control over all uses of the phrase. Fair use defenses, and the core legal standard of whether a use creates public confusion about the source of a product or service, still apply. Simply acknowledging the existence of the Super Bowl in an advertisement doesn’t automatically constitute infringement.
Consider a local restaurant advertising that it will be showing the game. This is unlikely to cause consumer confusion or imply an NFL endorsement. Similarly, a church hosting a Super Bowl party with a small cover charge, as one example highlighted in past discussions, may be a case of overzealous enforcement.
Recent Examples and the Cost of Licensing
The NFL aggressively protects its commercial interests surrounding the Super Bowl. Reports indicate that 30-second commercial slots during Super Bowl LX (2026) cost upwards of $10 million. This substantial revenue stream incentivizes strict enforcement of the trademark. Companies unwilling or unable to pay the licensing fee often resort to using alternative phrases like “the big game.”
The NFL has, in the past, sent cease-and-desist letters to bars and churches for charging admission to Super Bowl viewing parties. While they have the right to send these letters, the legal validity of those claims is often debatable.
The Role of Media and Public Perception
Much of the public’s understanding of the NFL’s trademark rights comes from media reports that often repeat the NFL’s narrative without critical analysis. Articles outlining the restrictions on using “Super Bowl” contribute to the misconception that any commercial use is illegal. This perpetuates a cycle of self-censorship among businesses.
Future Trends: Increased Scrutiny and Potential Challenges
Several factors suggest a potential shift in the landscape of Super Bowl trademark enforcement. Increased awareness of fair use rights, coupled with a growing willingness to challenge overly aggressive trademark claims, could lead to more legal battles. It would take a coordinated effort from companies with significant resources to directly challenge the NFL, but the principle is worth defending.
the rise of social media and user-generated content presents new challenges for trademark enforcement. Monitoring and policing every instance of “Super Bowl” usage online is a monumental task, and the NFL may necessitate to adopt a more pragmatic approach.
The Patriots and Super Bowl LX
As the New England Patriots prepare for Super Bowl LX against the Seattle Seahawks, the spotlight on the event – and its trademark – will intensify. The recent elevation of running back D’Ernest Johnson highlights the team’s preparation, but also underscores the commercial aspects surrounding the game that the NFL so fiercely protects.
FAQ
- Can I use “Super Bowl” in my business advertising? It depends. If your use is purely descriptive and doesn’t imply NFL sponsorship or cause confusion, it’s less likely to be considered infringement.
- What is “fair use”? Fair use allows limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research.
- What happens if the NFL sends me a cease-and-desist letter? Consult with an attorney specializing in trademark law. The letter doesn’t automatically mean you’ve infringed on the trademark.
- Is it legal to host a Super Bowl party and charge admission? This is a gray area. The NFL has targeted such events in the past, but the legality depends on the specific circumstances.
Pro Tip: If you’re unsure about your use of the “Super Bowl” trademark, err on the side of caution and use alternative phrases like “the big game” or “Super Bowl Sunday.”
Did you know? Josh McDaniels, the Patriots’ Offensive Coordinator, was named the 2025 AP NFL Assistant Coach of the Year, adding another layer of anticipation for Super Bowl LX.
Want to learn more about trademark law and fair use? Explore this resource on Techdirt.
Share your thoughts! Do you think the NFL is too protective of its “Super Bowl” trademark? Leave a comment below and join the discussion.
