# Why can't they say "Super Bowl" on the radio? **URL:** \ **Category:** Factual Questions\ **Created:** [January 25, 2006, 2:47pm UTC](https://boards.straightdope.com/t/why-cant-they-say-super-bowl-on-the-radio/341547 "2006-01-25T14:47:16Z")\ **Posts on this page:** 14\ **Page:** 3
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [February 3, 2006, 10:31pm UTC](https://boards.straightdope.com/t/why-cant-they-say-super-bowl-on-the-radio/341547/41 "2006-02-03T22:31:20Z")
No, events that happen during a game are facts that cannot be controlled. Only the exact expression of those facts - the pictures and sound of the broadcast - are covered by the disclaimer. ---
**Author:** ![Imasquare](https://avatars.discourse-cdn.com/v4/letter/i/5f9b8f/32.png) [@Imasquare](https://boards.straightdope.com/u/Imasquare)\ **Post date:** [February 3, 2006, 10:48pm UTC](https://boards.straightdope.com/t/why-cant-they-say-super-bowl-on-the-radio/341547/42 "2006-02-03T22:48:33Z")
> [@Jonathan Chance](#): > > Yep. The NFL has a trademark on the term ‘SuperBowl’ and charges to allow for-profit enterprises to use it. This is truly capitalism gone mad. ---
**Author:** ![Imasquare](https://avatars.discourse-cdn.com/v4/letter/i/5f9b8f/32.png) [@Imasquare](https://boards.straightdope.com/u/Imasquare)\ **Post date:** [February 3, 2006, 10:50pm UTC](https://boards.straightdope.com/t/why-cant-they-say-super-bowl-on-the-radio/341547/43 "2006-02-03T22:50:57Z")
> [@Exapno Mapcase](#): > > Guests have an excuse for not searching, but part of the culture here is that members of several years standing should know to do a search before posting obvious questions that probably have been handled before. The search feature on this board is not exactly first rate is it? In fact I would say it is quite crude. ---
**Author:** ![Liberal](https://avatars.discourse-cdn.com/v4/letter/l/848f3c/32.png) [@Liberal](https://boards.straightdope.com/u/Liberal)\ **Post date:** [February 4, 2006, 1:36am UTC](https://boards.straightdope.com/t/why-cant-they-say-super-bowl-on-the-radio/341547/44 "2006-02-04T01:36:50Z")
Laws confuse me. Since the Reader is a commercial enterprise (as in SDMB, I guess), why is it okay to mention the Super Bowl here? ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [February 4, 2006, 4:52am UTC](https://boards.straightdope.com/t/why-cant-they-say-super-bowl-on-the-radio/341547/45 "2006-02-04T04:52:08Z")
> [@Liberal](#): > > Laws confuse me. Since the Reader is a commercial enterprise (as in SDMB, I guess), why is it okay to mention the Super Bowl here? See posts #16 and #17. ---
**Author:** ![ataraxy22](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ataraxy22/32/307_2.png) [@ataraxy22](https://boards.straightdope.com/u/ataraxy22)\ **Post date:** [February 4, 2006, 5:51am UTC](https://boards.straightdope.com/t/why-cant-they-say-super-bowl-on-the-radio/341547/46 "2006-02-04T05:51:23Z")
I just googled “Super Bowl Sale.” There are many, many businesses using that term. Is the NFL pursuing all of them to get them to cease and desist? If not, does this mean that they are not vigorously defending their trademark? ---
**Author:** ![don\_t\_ask](https://avatars.discourse-cdn.com/v4/letter/d/e68b1a/32.png) [@don\_t\_ask](https://boards.straightdope.com/u/don_t_ask)\ **Post date:** [February 4, 2006, 6:38am UTC](https://boards.straightdope.com/t/why-cant-they-say-super-bowl-on-the-radio/341547/47 "2006-02-04T06:38:08Z")
Surely this is a situation where the NFL is simply bluffing everyone. It is hard to imagine that they could get any court to uphold acircumstance like the OP. The use of the words **Super Bowl** serve merely to identify the objects on offer. Do the NFL have legislation to support their position like the Olympic trademarks protection by statute 36 U.S.C. 220506©? ---
**Author:** ![bobkitty](https://avatars.discourse-cdn.com/v4/letter/b/c67d28/32.png) [@bobkitty](https://boards.straightdope.com/u/bobkitty)\ **Post date:** [February 4, 2006, 7:16pm UTC](https://boards.straightdope.com/t/why-cant-they-say-super-bowl-on-the-radio/341547/48 "2006-02-04T19:16:13Z")
> [@ataraxy22](#): > > I just googled “Super Bowl Sale.” There are many, many businesses using that term. Is the NFL pursuing all of them to get them to cease and desist? If not, does this mean that they are not vigorously defending their trademark? Not to mention the local radio station I listen to, which is far removed from the location of the Super Bowl, using the phrase “Super Bowl Saturday” to play up today’s out-of-studio broadcast. And in every promo the morning DJs have said “Yes, we know it’s Super Bowl Sunday, but we’re just playing around…” Of course, it’s a very tiny local station, and chances are no one else is actually listening to it. ---
**Author:** ![Ms2001](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ms2001/32/18463_2.png) [@Ms2001](https://boards.straightdope.com/u/Ms2001)\ **Post date:** [February 5, 2006, 2:17am UTC](https://boards.straightdope.com/t/why-cant-they-say-super-bowl-on-the-radio/341547/49 "2006-02-05T02:17:42Z")
> [@ataraxy22](#): > > I just googled “Super Bowl Sale.” There are many, many businesses using that term. Is the NFL pursuing all of them to get them to cease and desist? If not, does this mean that they are not vigorously defending their trademark? If it does, then Ford, GM, Honda, Toyota, and every other car company must be guilty of the same thing. Just check any newspaper’s classified ads, any day of the week, and you’ll see those companies’ trademarks used dozens of times without permission by people who are using the trademarks to make a profit. > [@don't ask](#): > > Surely this is a situation where the NFL is simply bluffing everyone. Indeed. I think the NFL is just pulling an SCO: they have enough money and lawyers that they can bully people into not doing something, even when it’s perfectly legal. ---
**Author:** ![David\_Simmons](https://avatars.discourse-cdn.com/v4/letter/d/9de053/32.png) [@David\_Simmons](https://boards.straightdope.com/u/David_Simmons)\ **Post date:** [February 5, 2006, 2:35am UTC](https://boards.straightdope.com/t/why-cant-they-say-super-bowl-on-the-radio/341547/50 "2006-02-05T02:35:47Z")
> [@CalMeacham](#): > > I don’t understand the ratyionale here. Certainly Kleenex gets annoyed when people call other tissues “Kleenex”, and Xerox gets annoyed when people use the product and company name as a generic verb for “photocopy”. That causes the uniqueness of their brand name to be deteriorated, to the point where they might lose that unique name – like _aspirin_ and _cellophane_ and _zipper_ and _adrenaline_. > > But here people _aren’t_ using the name “Super Bowl” to refer to some other big football game – they’re only using it to refer to the one and only Super Bowkl. There’s no chance of deteriooration of meaning whatsoever. > > Furthermore, nobody else sues to prevent others from using the name – People talk about “King Kong” climing the “Empire State Building” – not “the big ape movie” with “the big building in New York”. Most people are happy for the publicity. Even the Motion Picture Academy of Arts and Sciences, which is touchy about their trasdemark, hasn’t stopped people on the radio from talking about “Academy Awards” and “Oscars”. so howcum on the radio this morning the DJs had to say “Big Game” instead of “Super Bowl”? I think the thing is that the NFL makes money from the commercial use of the name “Super Bowl” and if people start using it without paying and the NFL doesn’t object they might be deemed to have abandoned the name. ---
**Author:** ![Ms2001](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ms2001/32/18463_2.png) [@Ms2001](https://boards.straightdope.com/u/Ms2001)\ **Post date:** [February 5, 2006, 5:07am UTC](https://boards.straightdope.com/t/why-cant-they-say-super-bowl-on-the-radio/341547/51 "2006-02-05T05:07:04Z")
> [@David Simmons](#): > > I think the thing is that the NFL makes money from the commercial use of the name “Super Bowl” and if people start using it without paying and the NFL doesn’t object they might be deemed to have abandoned the name. Thing is, a trademark doesn’t give you absolute control over every “commercial use” of the name. ---
**Author:** ![David\_Simmons](https://avatars.discourse-cdn.com/v4/letter/d/9de053/32.png) [@David\_Simmons](https://boards.straightdope.com/u/David_Simmons)\ **Post date:** [February 5, 2006, 5:20am UTC](https://boards.straightdope.com/t/why-cant-they-say-super-bowl-on-the-radio/341547/52 "2006-02-05T05:20:00Z")
> [@Mr2001](#): > > Thing is, a trademark doesn’t give you absolute control over every “commercial use” of the name. Maybe not but the trademark holder can still write a letter insisting that the product, or whatever, not be used commercially without the permission of the tratemark owner. Whether or not they can make it stick is up to a court somewhere if it goes that far. ---
**Author:** ![Ms2001](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ms2001/32/18463_2.png) [@Ms2001](https://boards.straightdope.com/u/Ms2001)\ **Post date:** [February 5, 2006, 5:39am UTC](https://boards.straightdope.com/t/why-cant-they-say-super-bowl-on-the-radio/341547/53 "2006-02-05T05:39:09Z")
> [@David Simmons](#): > > Maybe not but the trademark holder can still write a letter insisting that the product, or whatever, not be used commercially without the permission of the tratemark owner. Whether or not they can make it stick is up to a court somewhere if it goes that far. Exactly. Anyone can write a letter insisting on anything. I don’t think this bullying is necessary from the perspective of keeping their trademark. Why would the trademark be considered abandoned just because the NFL didn’t try to exert control over the kinds of use they have no legal right to control anyway? ---
**Author:** ![David\_Simmons](https://avatars.discourse-cdn.com/v4/letter/d/9de053/32.png) [@David\_Simmons](https://boards.straightdope.com/u/David_Simmons)\ **Post date:** [February 5, 2006, 5:45am UTC](https://boards.straightdope.com/t/why-cant-they-say-super-bowl-on-the-radio/341547/54 "2006-02-05T05:45:29Z")
> [@Mr2001](#): > > Exactly. Anyone can write a letter insisting on anything. > > I don’t think this bullying is necessary from the perspective of keeping their trademark. Why would the trademark be considered abandoned just because the NFL didn’t try to exert control over the kinds of use they have no legal right to control anyway? You can’t know _a priori_ that you don’t have a legal right in any particular case. Best to not take chances when you have lawyers anyway and postage is cheap. [Previous page](https://boards.straightdope.com/t/why-cant-they-say-super-bowl-on-the-radio/341547.md?page=2)