Retailers, be warned: before hosting a “Super Bowl sale” or promoting “Super Bowl specials,” take a moment to remember how aggressively the NFL protects the use of the Super Bowl trademark and logo, warns David Oxenford of Wilkinson Barker Knauer in a recent blog post. “Advertisers need to take special care before publishing ads or engaging in promotional activities that refer to the Super Bowl,” he says. In other words, you could be tackled for doing any of the following:
• Advertising that directly refers to the Super Bowl: “The NFL objects to any unauthorized advertising that refer(s) to the Super Bowl,” says Oxenford, even tag lines such as “stock up for the Super Bowl.” They’ve sent so many cease and desist letters over the years that many advertisers won’t even accept the ads. Instead, some companies have replaced Super Bowl with “The Big Game.” (The NFL tried to register The Big Game as a trademark, but voluntarily withdrew its application after it was widely protested.)
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