Securing Necessary Copyright
and Trademark Rights for Broadcasts and Promotions Related to the Super Bowl
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Super Bowl XLVI will be
held on February 5, 2012 at Lucas Oil Stadium in Indianapolis, Indiana. The National Football
League (“NFL”) diligently protects its copyright and trademark rights
associated with the Super Bowl. If your station plans to conduct Super
Bowl-related promotions or contests, it should obtain all necessary licenses,
and otherwise not infringe the NFL’s rights. Even if your station has
obtained rights to broadcast the Super Bowl, it may not have the separate
advertising or promotional rights that would allow it to use the Super Bowl
name, logo or other trademarks in station-produced promotions or
contests. We therefore urge you to review any such agreements to ensure
that you understand the full scope of the rights they grant. Use of NFL Trademarks The NFL controls all
marketing rights to the Super Bowl and its associated trademarks. The
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: Ø “Super Bowl” Ø “Super Sunday” Ø The Super Bowl logo Ø “NFL,” “AFC,” or “NFC” Ø “National Football League” Ø “American Football Conference” Ø “National Football Conference” Ø Any team name (e.g., “Giants” or “Patriots”) or nickname You may, however, say
or print: Ø “The Big Game in Indianapolis (or Indy)” Ø “The Professional Football Championship Game in Indianapolis
(or Indy)” Ø The date of the game (e.g., “The February 5th
Game”) Ø The names of the cities of the competing teams in the
Super Bowl (e.g., New York vs. New England), but not the team names Ø You can make fun of the fact that you cannot say
the phrase “Super Bowl” (e.g., by bleeping
it out) Advertisements
Produced By Third Parties Before accepting
pre-produced Super Bowl-related advertisements, your station should make a
reasonable inquiry to confirm that the advertiser has the necessary contractual
rights to use NFL copyrights and trademarks. You should exercise even
greater caution in determining whether a local advertiser has secured
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 traditionally large corporations or entities that can afford to
pay the high licensing fees associated with “official” Super Bowl
sponsorship. Ticket Giveaways The NFL and its authorized
agents and licensees are the only legal sources for the distribution of Super
Bowl tickets. Your station should not conduct a promotion giving away
tickets to the Super Bowl, even if your station validly purchased the tickets.
The only exception is if your station conducts a promotion with an official
sponsor that has written permission from the NFL to conduct such a
promotion. In that instance, you should require written confirmation
that the sponsor is permitted by the NFL to give away tickets. News Reporting and
Use of Highlights Unless your station has
obtained official press credentials, you may not report on the Super Bowl
from the venue while the event is ongoing. When the event has
concluded, 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 half-time show, or posting clips or images on a
website, your station needs to obtain consent from the NFL and any other
rights holders. Although the First Amendment may allow the media to
report to some extent news about an athletic event, it may not protect your
station if it broadcasts or posts footage or accounts of the game in
violation of licensed rights, especially prior to the game’s conclusion. *
* * If you have any questions
regarding the legality of broadcasts or marketing promotions relating to the
Super Bowl, please contact an attorney in our office at 202-429-8970. January 25, 2012 |
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This memorandum is intended only as a general discussion of these issues and should not be regarded as legal advice. We would be pleased to provide additional details or advice about specific situations if desired. Copyright © 2012, Lerman Senter PLLC 2000 K Street NW,
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