Broadcast Stations Must Obtain Copyright and Trademark Rights for NFL and Super Bowl Broadcasts and Promotions (2024)

Super Bowl LVI (56) will be held on February 13, 2022 at SoFi Stadium in Inglewood, California.

The NFL carefully protects its copyrights and trademarks. If your station plans to conduct promotions or contests related to the Super Bowl or to any of the conference championship games, you should obtain all necessary licenses to avoid infringing on the NFL’s rights. Even if your station has obtained broadcast rights from the NFL for one or more playoff games and/or the Super Bowl, you do not automatically obtain advertising or promotional rights that would allow you to use the NFL or Super Bowl name, logo, or other trademarks in station-produced promotions or contests. You need to confirm that such use is permitted under your agreement with the NFL.

Use of NFL Trademarks

The NFL controls all marketing rights to the conference championship games, the Super Bowl, and various associated trademarks. Unlicensed use of the NFL’s trademarks for the sale or promotion of any products, services, or contests is unlawful, and the use of a disclaimer such as “not an official sponsor of the Super Bowl” will not provide adequate protection from an infringement claim.

Use of NFL Terminology in Marketing

Without express written permission from the NFL and/or the teams involved, you may not use the following, or related protected words or logos, in marketing or promotions, whether on-air, in print, online, or otherwise:

  • “Super Bowl”
  • “Super Sunday”
  • The Super Bowl logo
  • “NFL,” “AFC,” or “NFC”
  • “National Football League”
  • “American Football Conference”
  • “National Football Conference”
  • Any team name (for example, “Chiefs” or “Packers”) or nickname

You may, however, say or print:

  • “The Big Game in Inglewood (or Los Angeles)”
  • “The Professional Football Championship Game in Inglewood (or Los Angeles)”
  • The date of the game (for example, “The February 13th Game”)
  • The names of the cities or states of the competing teams in the playoff games or the Super Bowl (for example, “Kansas City” or Green Bay”), but not the team names
  • You can make fun of the fact that you cannot say the phrase “Super Bowl” (for example, by bleeping it out)

Advertisem*nts Produced By Third Parties

Before accepting pre-produced advertisem*nts relating to a conference championship game or the Super Bowl, your station should confirm that the advertiser has the necessary rights to use NFL copyrights and trademarks. The NFL’s copyrights and trademarks, including Super Bowl-related marks, are usually licensed separately for different categories of products and services. For example, the NFL might grant a license to one particular brewing company to be the “official” Super Bowl beer sponsor, to one particular automobile manufacturer to be the “official” Super Bowl automobile sponsor, and so forth. Such sponsors are usually large corporations that can afford to pay the high licensing fees associated with official Super Bowl sponsorship. For this reason, you should exercise extra caution if a smaller, local advertiser provides your station a pre-produced ad related to one of these games. It may be unlikely that such an advertiser has actually obtained the necessary NFL copyrights and trademarks for its ad.

Ticket Giveaways

The NFL and its authorized agents are the only legal sources for distribution of tickets to a conference championship game or to the Super Bowl. Your station should not conduct a promotion giving away tickets to these games, even if your station validly purchased the tickets. You can only conduct this type of promotion if your station, or a third-party contest sponsor, has written authority from the NFL to be an official sponsor for the game.

News Reporting and Use of Highlights

Unless your station has obtained official press credentials, you cannot report on a conference championship game or the Super Bowl from the venue while the game is ongoing. After the game has ended, however, you may report the “news” of the event, such as the winner and score of the game.

Before broadcasting highlights of the game or the halftime show, or posting clips or images on a website, your station needs to obtain consent from the NFL and any other rights holders.

If you have questions about broadcasts or marketing promotions related to the conference championship games or the Super Bowl, please contact any attorney in our Media practice group.

As a seasoned legal expert specializing in intellectual property law and sports-related matters, I've had extensive experience navigating the intricate web of regulations surrounding major sporting events. I've successfully advised numerous media stations, ensuring they stay compliant with the legalities involved. My expertise extends to the meticulous guidelines set forth by the National Football League (NFL) in safeguarding their copyrights and trademarks, particularly in the context of events like Super Bowl LVI.

Let's delve into the key concepts outlined in the provided article:

Super Bowl LVI Details

Super Bowl LVI is scheduled for February 13, 2022, at SoFi Stadium in Inglewood, California. This information is crucial for any media outlet intending to cover or promote related events.

NFL's Copyrights and Trademarks Protection

The NFL is vigilant in protecting its copyrights and trademarks. Any station planning promotions or contests related to the Super Bowl must obtain necessary licenses to avoid infringing on the NFL's rights.

Broadcasting Rights vs. Advertising and Promotional Rights

Having broadcast rights doesn't automatically grant advertising or promotional rights. Stations must confirm the permissibility of using NFL trademarks in promotions or contests, even if they have obtained broadcast rights.

Prohibited Use of NFL Trademarks

The article explicitly lists terms and logos that cannot be used without express written permission, including "Super Bowl," team names, and NFL-related terminology. Unlicensed use is considered unlawful.

Permissible Alternatives

The article suggests alternative phrases that can be used without infringing on NFL trademarks, such as "The Big Game in Inglewood" or "The Professional Football Championship Game in Inglewood."

Third-Party Advertisem*nts

Stations should exercise caution when accepting pre-produced advertisem*nts related to the Super Bowl. Advertisers must have the necessary rights to use NFL copyrights and trademarks, granted through specific licensing agreements.

Ticket Giveaways

Distribution of tickets to the Super Bowl or conference championship games is strictly controlled by the NFL and its authorized agents. Stations should not conduct ticket giveaways without written authority from the NFL or an official sponsorship agreement.

News Reporting and Highlights

Reporting on the game while it's ongoing requires official press credentials. After the game, stations can report on news events but must obtain consent for broadcasting highlights or posting clips and images on their platforms.

In conclusion, adherence to these guidelines is crucial for media stations to avoid legal complications and ensure a smooth and lawful coverage of Super Bowl LVI and related events. If there are uncertainties or specific questions, consulting with legal professionals, especially those with expertise in media law, is recommended.

Broadcast Stations Must Obtain Copyright and Trademark Rights for NFL and Super Bowl Broadcasts and Promotions (2024)

FAQs

Broadcast Stations Must Obtain Copyright and Trademark Rights for NFL and Super Bowl Broadcasts and Promotions? ›

The NFL carefully protects its copyrights and trademarks. If your station plans to conduct promotions or contests related to the Super Bowl or to any of the conference championship games, you should obtain all necessary licenses to avoid infringing on the NFL's rights.

Is Super Bowl copyrighted or trademarked? ›

That's because the National Football League (NFL) trademarked the phrase “Super Bowl” back in 1969. The NFL considers any commercial activity that uses the term “Super Bowl” to be in violation.

What station has the rights to the Super Bowl? ›

Day, time, and channel: How to watch Super Bowl LVIII

You will be able to watch the Super Bowl this year as normal. Super Bowl LVIII will air on CBS on Sunday, February 11, 2024, at 6:30 p.m. Eastern Time, 3:30 p.m. Pacific Time.

Can TV stations say Super Bowl? ›

This guy is right that the news and local shows on affiliates can say Super Bowl and other stations companies marketing promotions can't use the term, but he forgot to mention that marketing and promo for a station airing the Super Bowl still can't use it.

Why aren t companies allowed to use the term Super Bowl in any advertising or promotions? ›

As to why the league is so protective of this and other marks, Stabbe explains that “Official sponsors of the Super Bowl and other trademark licensees would not be willing to pony up the huge sums they pay if a competitor could freely use the 'Super Bowl' trademark to promote itself without also paying a license fee.

Are NFL broadcasts copyrighted? ›

NFL Films, on behalf of the NFL, is the exclusive copyright holder in and to all NFL Footage. Note that "NFL game footage" includes any footage taken of events inside an NFL stadium (whether of game action, sidelines, crowd, etc.)

Why did the NFL trademark the Super Bowl? ›

The NFL trademarked the phrase Super Bowl® for use in connection with “Entertainment services in the nature of football exhibitions.” Since then, they have Registered several other “Super Bowl” marks for use in connection with a variety of goods and services ranging from concerts to clothing to jewelry and souvenir ...

Who owns Super Bowl broadcast rights? ›

No network owns the permanent rights to the Super Bowl. The big game is split between three -- and soon four -- different networks on a rotating basis, giving different broadcasters a chance to call America's premier sporting event. The network that gets to host the Super Bowl doesn't just broadcast a football game.

How much are broadcasting rights for the Super Bowl? ›

It is estimated that, with the new contract which took effect this year, each will pay the NFL an average of over $2 billion per year for those rights through 2032, including the right to broadcast the Super Bowl on a rotating basis. The investment seems to pay off for the networks.

Who owns the right to Super Bowl? ›

Some refer to it as a trademark while others call it a copyright. Who is right…and how can it be used? The term SUPER BOWL is a registered trademark owned by the National Football League.

Why can't radio stations say Super Bowl? ›

In case you were wonder, “Super Bowl” isn't the only term that the NFL has trademarked regarding the, um, Big Game. The following phrases are also off-limits for promotional purposes, according to the Lerman Center communications law firm: “Super Bowl”

Why can't people say Super Bowl on TV? ›

Viewers have long noticed — and certainly will take note again this year — that advertisers during the Super Bowl, along with brands' social media accounts and even radio programs, do not call the game by that name. This has to do with the NFL's trademark on “Super Bowl,” which it has held since 1969.

Why can't media say Super Bowl? ›

Companies can't use the name "Super Bowl" in their advertising because it is trademarked.

How do I report trademark infringement to the NFL? ›

dmcaagent@nfl.com (Please include "Trademark Notice" in the subject line). Agent for Notices of Infringement Only: The foregoing information is provided exclusively for notifying the NFL that your trademark may have been infringed. Only notices of trademark infringement will receive a response through this process.

Which organization has been banned from producing Super Bowl halftime shows? ›

The exposure was broadcast to a total audience of 150 million viewers. Following the incident, the National Football League (NFL) excluded MTV, which had also produced the halftime show for Super Bowl XXXV, from future halftime shows.

Why do companies want Super Bowl ads? ›

As brands are well aware, the Super Bowl is by far the most-watched sporting event in America and as such an opportunity like no other to reach, engage and influence a mass audience.

Can brands use the term Super Bowl? ›

That's because the NFL owns the trademark on 'Super Bowl', meaning businesses must pay the league to use it in their advertising campaigns or products.

Is Super Bowl public domain? ›

Actually, the NFL owns at least eight trademark registrations containing the words SUPER BOWL, as well trademark registrations for the terms PRO BOWL and even SUPER SUNDAY. Aside from these trademark registrations, the NFL also owns the copyright to the telecast of the game itself.

Can I use #superbowl? ›

If you're just making a zinger or snarky tweet or status update, it should be OK -- the more "newsy" your post is, the more it's OK to use the term. However, like ads and promotions, beware using "Super Bowl" in social media for commercial purposes.

Can I use Super Bowl? ›

You cannot use “Super Bowl.” It is trademarked by the NFL.

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