Oh, okay. We’re on the same side of the discussion. I thought for some reason you were arguing the opposite. My bad.
Sponsorships already are supposed to mean something. They mean that the owner of the trademark advocates for the product in question. That’s the definition of a sponsorship. The entire reason for protecting a trademark is so that you don’t seem to be sponsoring something you are not.
But, the thing is, there are a lot of situations where you can use a trademark and clearly not be claiming that you are sponsored by its owner. Especially since, if you are officially sponsored, they always are very vocal about that: “the official ____ of Super Bowl ___.” No one thinks a Super Bowl sale at your local grocers is sponsored by the NFL any more than they think that the Roman Catholic Church sponsors Christmas sales. And, even if they did, it’s really easy to clear up that misconception by adding words like “unofficial” or other disclaimers.
I still don’t see how the mere use of the trademark actually hurts the NFL’s interests, except because of the way trademark law is set up in this country. And even that doesn’t seem to be a sufficient explanation, since, as stated upthread, they weren’t nearly so aggressive in protecting it before.
Because if companies are really paying all that money for the right to say the word “Super Bowl,” they are idiots. I mean, I thought at least they got the ability to advertise during the game. I didn’t think they were paying the NFL to advertise for them.
Unless, of course, the NFL is actually counting on the publicity the game gets from the trademark fights…
It’s free riding in the NFL’s good will. Your bar or pizzeria has no association with the NFL, but it’s trying to draw in interest and custom by flashing the NFL’s trademark in front of potential customers. When across the street is a bar or pizzeria that is actually associated with the NFL. They’re paying for the association. Why should you get to use it? It does hurt the NFL’s interests because it damages the value of actual sponsorship. It’s really not much different than using pictures of Michael Jordan to promote Adidas when he has a relationship with Nike.
The idea of sponsorship is not limited to this kind of wording, and for good reason. Just putting two things next to each other can imply sponsorship.
It’s Superb Owl Sunday, but alas, the NWO is unable to celebrate!
I also posted that comic over here:
…if anyone cares!
A car dealer here in Tucson took out radio ads announcing a “Superb Owl” sale.
Wouldn’t that be Superb OOwl?
God damnit, upstaged again!
Yesterday, I heard two different nationally syndicated FM radio shows/stations call it the Super Bowl. They were Saturday Night Online and Jack FM. The former even declared something about it being the home of Super Bowl pre-something or other.
LOL, CalMeacham, “Superb Owl party”.
But Cal is correct about changing words around, sorta. Professional and collegiate team logos/logotypes or official team names cannot be used as an endorsement, promotion or in any other manner in print ads, unless it is in an officially sponsored capacity. Typically, “officially” licensed events are required to show a legal disclaimer in the ad identifying copyright and licensing ownership. However, it is perfectly fine to use an official team name in a sentence or statement that may appear in an ad, but the use of “TM” or ® is prohibited in this instance.
You cannot use ”Monday Night Football” in ads alone, but you could add “Party” along with it. Or just call it the Night Football Game on Monday.
The words “Super Bowl” or “Superbowl” or its logo/logotype cannot appear in ads at all, unless it is in an officially sponsored event. Or you can rearrange the wording: Super Football Bowl.
The “Show” button has just sports on your “Straight Dope” tab & “Legal Guidelines” for sports & more will appear on the next tab.
[[SPOILER]SPORTS
TEAM LOGO USE
Professional and collegiate team logos/logotypes or official team names cannot be used as an endorsement, promotion or in any other manner in print ads, unless it is in an officially sponsored capacity. Neighborhood bars and some casinos promote “team” sports events such as “Monday Night Football,” etc., and often request the use of team logos and official team names in their ads. It is strictly forbidden to use official pro or collegiate team logos or team names in ads unless it is an “officially” licensed event. Typically, “officially” licensed events are required to show a legal disclaimer in the ad identifying copyright and licensing ownership. However, it is perfectly fine to use an official team name in a sentence or statement that may appear in an ad, but the use of “TM” or ® is prohibited in this instance.
OK Example: “Watch the Chicago Bulls game on our big screen.”
In this case, the team name must not appear in the team logotype or its type font.
MONDAY NIGHT FOOTBALL
You cannot use ”Monday Night Football” in ads. However, you can use it if you add “Party” or some other descriptive at the end.
OK Example: “Monday Night Football Party,” “Monday Night Football Tailgate Party,” etc.
SUPER BOWL
The words “Super Bowl” or “Superbowl” or its logo/logotype cannot appear in ads at all, unless it is in an officially sponsored event. However, you are permitted to make written reference to “ The Big Game,” “Super Football,” “The Big Bowl Game,” “Super Sunday,” etc.
MARCH MADNESS
The NCAA and R-J Corporate Attorney sternly warns against using the words “NCAA”, “March Madness” or “Final Four” or their logos in ads, in any way, shape or form, unless it is an “officially sponsored” event.
The words “March” and “Madness” cannot be used together, nor can any relationship to “March Madness”, the annual NCAA basketball event, be implied.
However, “March Madness” can be separated by another word:
Example #1: “March Mayhem Madness”, or “March Markdown Madness” is ok as a phrase, but in this instance should NOT picture a basketball, basketball hoop or other basketball imagery because it implies an association to “March Madness”.
Example #2: You can use creative copy variations such as:
“March Mayhem”
“March Clearance”
“Mad Price Markdown”
“Mad Zany March Sale”
“Mad March Sale”
“Mad March Markdowns”
These types of word combinations can display basketballs, basketball hoops or other basketball imagery.
If an advertiser provides an Electronic Ad displaying questionable usage of NCAA, March Madness, or Final Four or their logos, Ad Operations Managers are to alert the account executive so it can be corrected through the agency who submitted it, if need be.
The R-J cannot show/picture any “promotional product” that displays the words NCAA, March Madness or Final Four or their logos, or displays any other official sport team logo and/or logotype.
Please remember that licensing restrictions prohibit the use of any official sports event, sports organization or team logo and/or logotype in ads, unless it is an “officially sponsored” event (which is seldom the case with local advertisers). Official sponsors might include Papa John’s Pizza, Pizza Hut, McDonald’s, Burger King, Coke, Pepsi, Budweiser, Coors or the NCAA itself to name a few, and can be identified by the legal disclaimer required to appear on such advertising.
If you spot an ad containing questionable reference to NCAA, March Madness or Final Four, please bring it to the attention of any Ad Operations Manager.
Advertisers can visit NCAAsports.com or MarchMadness.com websites for more information on this guideline if needed.
*These guidelines do not apply for Editorial usage.
SPORTS ASSOCIATIONS
Use of “NFL,” “NBA,” “MLB,” “NHL” or “PGA” or its logo is prohibited in any ads produced by the Review-Journal, unless it is an officially sponsored event. Where an advertiser would want to use these abbreviations, they should be replaced with the word “Pro”.[/SPOILER]](http://adportal.reviewjournal.com/creative-services/legal-guidelines/)
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Required by contract, perhaps, not by law.
I don’t think they can enforce this prohibition against someone with which they don’t have a contract. Legally, anyone can use these symbols, but it only has significance when the trademark rights holder or its licensee uses them.
As a matter of trademark law, just adding the word “party” isn’t necessarily going to get you off the hook.
Hollywood Hulk[sup]TM[/sup] Hogan in ruins!
(though I’m not sure why as I don’t see anything nWo in that link)
Hulk is a registered trademark of Marvel Comics