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usonian

(13,962 posts)
Tue Feb 6, 2024, 08:58 PM Feb 2024

Why you can't say "Super Bowl" (but I can). And WTF is "The Big Game"?

Some Say “Big Game” and I look forward to seeing Stanford play Cal.

So, Super Bowl is a registered trademark, and the NFL pushes its licensing fees everywhere it can, but there are actually limits (called “fair use” ).

I personally think it has sedimented into generic use, such as googling, aspirin ( I think it’s still trademarked in Germany), jeep, and so on.

But BILLIONAIRES gotta have more billions, “just in case”.
And “fair use” is when you don’t make a nickel by using the sacred name. (Genuflect, Genuflect)

https://entertainment.howstuffworks.com/why-do-ads-say-the-big-game-instead-the-super-bowl.htm

Why Do Ads Say 'the Big Game' Instead of 'the Super Bowl'?


In 2007, Fall Creek Baptist Church in Indianapolis attempted to charge for a Super Bowl party to be held in a church building. The NFL called a flag on the play and the party was scrapped. This may seem particularly draconian, but it's all part of the old adage "If we let one person do it, then we have to let everyone do it." So today it could be a church, tomorrow it could be someplace bigger. The NFL has clarified some of the rules regarding churches and Super Bowl parties since then. For instance, churches can hold viewing parties, but they can't charge admission, though they can take up a collection to defray costs. They can even refer to the event as a "Super Bowl" party but they can't use any NFL or Super Bowl logos.

Bars and other businesses can show the Super Bowl on TV, says Anderson, but they can't promote that they're showing the game with the intention of having people come and buy food, because that's using the Super Bowl name to earn revenue. (Hence the workarounds, like the tweet below.) They also can't charge admission to view the game.

"The NFL wants to make sure they keep their sponsorships the way they want to control who has use of the phrase," says Anderson. "That way people can know what's directly connected to the NFL and their product." Trademark infringement occurs when someone uses a trademarked term (like "Super Bowl" ) in a way that may cause a person to wrongly infer an official connection between the company the trademark belongs to and the product advertised.

So, would HowStuffWorks get sued for using the phrase in this very article? Not so fast. Journalists can use the phrase as it falls under fair use laws. "Nominative fair use" essentially states that copyrighted material can be used for certain purposes — criticism, teaching and news reporting — when there is no better way to refer to the term in question and it's not being used in a commercial sense. So, because we're reporting on the Super Bowl, there's no issue. But if we were to try to do a giveaway for the game, we'd have to write something like, "Win a Free Cookie for the Big NFL Championship Game" instead.


No nickels were made by posting this.
Admins tell me that there is no monetary value in Rec’s. (Just Kidding, I want nickels for rec’s)
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Why you can't say "Super Bowl" (but I can). And WTF is "The Big Game"? (Original Post) usonian Feb 2024 OP
There was a bowling alley in our area called "Super Bowl" and they had to change the name. twodogsbarking Feb 2024 #1
I'm so old I can remember when they didn't call the Super Bowl the Super Bowl Sneederbunk Feb 2024 #2
Same here calguy Feb 2024 #3

twodogsbarking

(12,230 posts)
1. There was a bowling alley in our area called "Super Bowl" and they had to change the name.
Tue Feb 6, 2024, 09:04 PM
Feb 2024

Can't use March Madness or Final Four either. Just don't do it.

Sneederbunk

(15,137 posts)
2. I'm so old I can remember when they didn't call the Super Bowl the Super Bowl
Tue Feb 6, 2024, 09:08 PM
Feb 2024

for the first two years. This is not Super Bowl 58 but Super Bowl 56.

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