NFL Wants To Trademark A Euphemism For Its Trademark

from the expanding dept

Fri, Feb 23rd 2007 7:57pm — Joseph Weisenthal

We've written in the past about the NFL's extremely aggressive stance on its trademark of the term Super Bowl. Basically the league has sought to forbid advertisers from saying things like "Get a new color TV in time for the Super Bowl!", so instead they have to use euphemisms like "The Big Game" instead. Of course, this is a total misuse of trademark law. The idea of trademarks isn't to give one entity total control, but rather it's to prevent confusion. So, for example, the law would prevent another football league from calling their championship game The Super Bowl. But advertisers may have to come up with some new euphemisms next year because now the NFL is seeking a trademark on "The Big Game" (via Hit & Run). The league's stance is already ridiculous, but this takes the cake. "The Big Game" isn't even something that the NFL came up with; it's a phrase that other people use to describe the Super Bowl. There's no justification for the NFL to control this term and then prevent others from using it. At least the NFL is trying to be careful not to overstep its bounds, as it says it has no intention of taking control over the word "game"... for now.

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53 Comments

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Stefan Mai, 23 Feb 2007 @ 8:29pm

I really don't see their motivation for pulling such a stunt. They certainly aren't collecting royalties from grocery stores selling chips and coke, so with "The Super Bowl", their only problem must be trademark dilution. But with "The Big Game"? All this seems to be accomplishing is keeping people from talking about, marketing, and overall hyping up the event... part of what made it so popular in the first place.
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Dino, 23 Feb 2007 @ 8:43pm

Wait, this could be a new pastime
I propose the next five euphemisms for "Super Bowl", to be called into play as the NFL takes ownership of each one over time:

- The Greedy Bowl
- The Big Commercial
- The Super Trademark
- Halftime Follies
- Is That A Pigskin In Your Pocket Or Are You Just Glad To See Me?
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- Monarch, 24 Feb 2007 @ 7:12am
  
  Re: Wait, this could be a new pastime
  Hey! I like the phrase "The Super Trademarked Football Bowl Game" !!!
  I hope that if the NFL pulls this off, that everyone starts using that phrase! Maybe then the NFL will have so much egg on their face, they will back off.
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- Tesla, 24 Feb 2007 @ 12:29pm
  
  Re: Wait, this could be a new pastime
  And, of course: The Stupid Bowl
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erv, 23 Feb 2007 @ 9:41pm

methinks some NFL attorneys are bored
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- Willard Lee, 24 Feb 2007 @ 5:22am
  
  Re: superbowl trdemark
  Nah, they're just greedy elis.
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Grandmaster Melliemello, 23 Feb 2007 @ 10:25pm

F*ck 'em
National Friggin' Lame-asses

As in being overly rewarded for other people's (talented athletes) efforts. What the hell happened to the concept of 'good sportsmanship'?!?
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Dave, 23 Feb 2007 @ 11:18pm

I thought this was a joke at first
This sounds like something The Onion would have come up with.
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workingindust, 23 Feb 2007 @ 11:40pm

How long do you think?
They say they won't trademark the word 'Game' but the way everything is cocked up now how long do you really think that will last till they try to come up with some excuse.

Maybe they should just finally admit they sold out and call it the 'Budwieser Bowl'.
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whuttech?, 24 Feb 2007 @ 12:03am

Why is this here?
Is it just me or does this have zero to do with TECH dirt?

Techdirt is just turning into RIAAdirt, COURTABUSEdirt... but TECH? I don't see it much anymore.
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- Tyshaun, 24 Feb 2007 @ 11:23am
  
  Re: Why is this here?
  Is it just me or does this have zero to do with TECH dirt? Techdirt is just turning into RIAAdirt, COURTABUSEdirt... but TECH? I don't see it much anymore.
  
  Very true, it seems like lately a lot of the "articles" are more like propoganda reinforcement than actual tech analysis. Ehh, as it's been said every time a similar statement has been made, this is technically a blog and the content is bound only by where the authors want to take it. You may want to look at some of the more "traditional" outlets for slightly less biased tech analysis.
  [ link to this | view in chronology ]
Hawk, 24 Feb 2007 @ 12:21am

Too late NFL!
The Big Game is between Cal and Stanford every year. I imagine they'd say we have to change the name of that game.

http://en.wikipedia.org/wiki/Big_Game_%28football%29
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- Anonymous Coward, 24 Feb 2007 @ 3:39pm
  
  Re: Too late NFL!
  You're using Wikipedia? Everyone knows that Wikipedia is not a solid source of information and that it should never be used to backup any argument. Try again.
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RandomBoy, 24 Feb 2007 @ 3:30am

Who the fuck gives a flying fuck about the superbowl anyway? Watching sports is retarded!
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Green Bastard, 24 Feb 2007 @ 4:01am

Big Game
The big game is/are giraffes , lions, rhinos, and the ilk. Who give a rosey red rats ass about college football, yeaah I want to watch people learn to do something professionally.....If I did I'd probably watch a doctor or a mechanic at school, since the two most expensive things I break are my vehicle and my own self, "Cal and Stanford"... yuppie A-hole. If the NFL wants to do this, then screw em' watch a movie(downloaded for free), play a game, OR, and I know this is a stretch, but get the fuck off of your fat useless american anna&britney are news asses, grab your fat lazy kids(who also have no common sense) go find some nature and go for a hike.
OR grab a ball and some friends, and actually play the God Damn game your selves.

Hoping someone gets off their fat ass

Green Bastard
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- Anonymous Coward, 24 Feb 2007 @ 4:45am
  
  Re: Big Game
  The next time someone kicks your ass dont call us fat asses.
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Painterskip, 24 Feb 2007 @ 5:03am

Example
I found out that the word CAUTION and/or the term CAUTION! was allowed a trademark and can't be used except by the guy that owns the trademark....

So my guess is that the NFL will get away with it....
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F. Flint, 24 Feb 2007 @ 6:20am

Why Stop at
I've decided to copyright and trademark every word in the entire English language.

You ALL owe me money right now!
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- F.U. Flint, 25 Feb 2007 @ 6:47am
  
  Re: Why Stop at
  F. Flint wrote: "I've decided to copyright and trademark every word in the entire English language.
  
  You ALL owe me money right now!"
  
  Actually, F. Flint, we don't owe you until AFTER you secure your trademark. Call me when you do, I'll be glad to pay up.
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  - norns, 25 Feb 2007 @ 12:33pm
    
    Re: Re: Why Stop at
    you are retarded f.u.flint you sound like a ten year old baby who deserves a beat down at recess
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Jon, 24 Feb 2007 @ 7:06am

Endorsement
Another aspect of trademark is that using the trademark may imply endorsement. If a rental place says "rent a tv in time for the Super Bowl" the NFL would claim that it implies that the NFL endorses that particular store. That's an incredible stretch, but that's the angle their coming from.

But yeah, trademarks are not just about competitors trying to steal your brand name - it's also about non-competitors trying to imply that you endorse their brand name. That aspect should at least be noted in articles like this.
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Anonymous Coward, 24 Feb 2007 @ 7:19am

Ya know what.
Let em have it, I refuse to watch it any more.
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Pesti, 24 Feb 2007 @ 7:37am

Give it a year or two and we'll just call it "The Commercial Bowl", after all, what is it now 1 hour of gameplay and 2 hours of corperate america shoving unnessary BULLSH*T DOWN OUR THROATS.....
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PseudoDragon, 24 Feb 2007 @ 9:24am

game???
so if the NFL decided to trademark the word 'game' what am i going to call my video GAMEs??
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La la la, 24 Feb 2007 @ 9:42am

Game?
Some video game company needs to make a game called "THE BIG GAME"

and STAT
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me, 24 Feb 2007 @ 9:47am

Two Words;
You're Fired!
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- me too, 24 Feb 2007 @ 11:18am
  
  Re: Two Words;
  Sorry, you can't say that without paying the Donald
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me too, 24 Feb 2007 @ 11:17am

The ... big ... game ...
I am immediately trademark the word "the", and of course "game" to make sure there isn't any more confusion with "the game".

Sherlockians, the euphemism is afoot ... unless I trademark the word "foot", of course .

sigh.
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Chris, 24 Feb 2007 @ 12:09pm

Tech and Dirt
Tech is the abbrivated form of Technician, only "recently" adopted to be the abrv. for technology. Dirt, if translated to be slang, usualy means brining into light those things people don't want noticed. So to say "where's the tech analysis?" when you're reading a blog that has to do with anything that affects buisness, such as groundbreaking technologies, new consumer services, and the legality surrounding all the bs that is trademark and copywright law, then you're an idiot to see how these articles contribute to the greater whole that is TechDirt. If you truely want tech analysis, how about you pay these people for their time and effort to recieve something you want.
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- Tyshaun, 24 Feb 2007 @ 6:30pm
  
  Re: Tech and Dirt
  Tech is the abbrivated form of Technician, only "recently" adopted to be the abrv. for technology. Dirt, if translated to be slang, usualy means brining into light those things people don't want noticed. So to say "where's the tech analysis?" when you're reading a blog that has to do with anything that affects buisness, such as groundbreaking technologies, new consumer services, and the legality surrounding all the bs that is trademark and copywright law, then you're an idiot to see how these articles contribute to the greater whole that is TechDirt. If you truely want tech analysis, how about you pay these people for their time and effort to recieve something you want.
  
  So basically the best answer you can give to what I thought was a very salient question is to derive some pseudo-definition of your interpretation of techDirt and state that if anyone doesn't like said defiinition they are idiotic? In other words, your world view is the only truly correct one and any questioning therof is unthinkable.
  [sarcasm] Very open minded and adult answer Chris. [/sarcasm]
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Chris, 24 Feb 2007 @ 12:12pm

edit..

"then you're an idiot to see how these articles contribute to the greater whole that is TechDirt"

The above should say "you're and idiot to not see how..."
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- whuttech?, 25 Feb 2007 @ 4:16am
  
  Re: edit..
  No I think you were correct the first time.
  
  tech.. technology.. technician.. technically I just don't care anymore.
  
  Its dirt.. Yes.. But they should just call it BizDirt, or CorpCrap, or Industridiocy.
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  - Nick Burns, 25 Feb 2007 @ 5:47pm
    
    Re: Re: edit..
    Its dirt.. Yes.. But they should just call it BizDirt, or CorpCrap, or Industridiocy
    
    I hold a trademark on "Industridocy". And I patented the concept of replying to blog posts. You owe me money.
    
    This thread has lost any semblance of a point.
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Mark Leopold, 24 Feb 2007 @ 12:27pm

NFL
I thought this was our game? Not just the NFL's.
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Mark Leopold, 24 Feb 2007 @ 12:28pm

NFL
I thought this was our game? Not just the NFL's.
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Kentucky Fats, 24 Feb 2007 @ 3:17pm

Re: NFL
I'm a Super Bowler, does that mean I'm in trouble when I tell my friends that, at the lanes?
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LukeD, 24 Feb 2007 @ 5:42pm

Give the NFL a taste of their own medicine...Europe should trademark the word "Football".
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Overcast, 24 Feb 2007 @ 8:44pm

Yeah, it's a 'big game' alright...

Too bad the public is the punch line of the joke.
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Debi Feistkorn, 25 Feb 2007 @ 2:53am

NFL
The NFL needs to get over itself. Those guys have been trying to ruin football for years, just look what they've done to the Super Bowl. It's become little more than a showcase for multi-million dollar commercials and over done half time shows. I'm surprised they even bother to let us watch a football game.
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Anonymous Coward, 25 Feb 2007 @ 3:14am

NFL
Well this should not be a surprise since they are using their NFL Network to try to make every game a PPV event.
Football channel in the summer?
What? Welcome to "Cooking with Quaterbacks!"

Although if they get Rachel Ray in a cheerleader outfit...
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kandy, 25 Feb 2007 @ 9:21am

The first rule about the Big Game
The first rule about the Big Game
Is that you can't talk about the Big Game
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Overcast, 25 Feb 2007 @ 9:38am

Yeah, lol

Maybe they shoudl trademark 'No Fun League' - it seems like that's where they are heading.

Oh well NFL, I've always been able to take or leave football, I didn't bother watching the 'Big Game' this past month, a friend invited me over to watch on his big screen, but I didn't want to violate any copyright laws.

My 25 inch TV, well - I found more entertainment doing other stuff.

So one less person watching 'The Big Game'. You can stick it~

Hopefully MLB won't be quite this nasty, I'm a bit more fond of Baseball.

You know - maybe if the NFL tried getting some of their gangsta' players off crack, it wouldn't be so bad.
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Football Hater, 25 Feb 2007 @ 10:26am

Football is for insecure men
Football SUCK! It's watched by men who are insecure and need to feel like they are part of some sort of Macho men's club. "Drink beer and watch football"..... The requirement for all red-blooded American men. BULL S**T! I'd rather watch a good Science program in order to educate my brain instead of watching some inane worthless game such as Football.

(Okay... I feel better now.)
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old fan, 25 Feb 2007 @ 10:43am

Step off - NFL you suck you are destoring the the
Step off - NFL you suck you are destoring the the game of football
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old fan, 25 Feb 2007 @ 10:43am

Step off - NFL you suck you are destoring the the
Step off - NFL you suck you are destoring the the game of football
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Stover, 25 Feb 2007 @ 12:17pm

Spinning out of control
US patent and trademark law is spinning out of control. With no one at the wheel anymore things are getting crazy and no one is providing judicial oversite - - - think of the the Ottomans then take a real close look of what's happening
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Jorge, 25 Feb 2007 @ 6:06pm

12th Man
I think it was the Seattle Seahawks who tried to go after TexasA&M for use of the "12th Man" slogan. Maybe it was vice versa. Regardless it all reeks of stupidity.
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Numbers are MINE, 25 Feb 2007 @ 11:14pm

DUMB
Ok I think I'll trademark every number, and numeral. Math and thinking are forbidden!
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Jesus Christ, 26 Feb 2007 @ 7:29am

No Christmas for you
I am hereby copywriting "Christmas, Xmas, King of the Jews, The Man, JC, Easter, resurrection" and the phrase "My boss is a Jewish carpenter."
Oh and "the Passion." Watch out Mel.
Don't like it?
SUE ME!
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JustMatt, 26 Feb 2007 @ 7:38am

So they've decided that nobody else uses the term?
IIRC Mr. Ronald Reagan was in a movie in the 30's (40's?) where he played a college football player and they spent the whole movie talking about The Big Game with the State University.

What about every single Pee Wee baseball team talking about The Big Game?
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Adam, 26 Feb 2007 @ 10:36am

Can I call my toilet bowl a "super bowl"? It flashes even the biggest **** quite effortlessly. Or, would this be sort of infringement too?
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SATAN, 26 Feb 2007 @ 8:45pm

sports sux
They sux ass, fuck them and their stoopid game
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Somewhere, 27 Feb 2007 @ 1:05pm

Generic words / term
This set of works is not trademarkable due to the common usage for such a long time. If the trademark office allows this, it shows who is paid off. Anyone sued by the NFL has plenty of referances to the phrase to show never should have been allowed trademark status.
Yes I agree, the NFL lawyers have too much time on their hands, send them some petro jelly, I think they need some quiet time in the closet!

Oh and I guess my party with 20 friends watching 120" projection was in violation of their crappyright? Doh, guess I better have them piss all the bud back in the cans so I can return it for my $$ back. Better pack up the stinkys back in the bags for return too... Lord forbid I don't want to be in violation of their vapor rights. What morons, all the brands bought and used at these get togethers are the same companies advertising in the game.
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