NFL Wants To Trademark A Euphemism For Its Trademark
from the expanding dept
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.
Reader Comments (rss)
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by Stefan Mai on Feb 23rd, 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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Wait, this could be a new pastime by Dino on Feb 23rd, 2007 @ 8:43pm
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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by erv on Feb 23rd, 2007 @ 9:41pm
methinks some NFL attorneys are bored
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F*ck 'em by Grandmaster Melliemello on Feb 23rd, 2007 @ 10:25pm
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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I thought this was a joke at first by Dave on Feb 23rd, 2007 @ 11:18pm
This sounds like something The Onion would have come up with.
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How long do you think? by workingindust on Feb 23rd, 2007 @ 11:40pm
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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Why is this here? by whuttech? on Feb 24th, 2007 @ 12:03am
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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Too late NFL! by Hawk on Feb 24th, 2007 @ 12:21am
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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by RandomBoy on Feb 24th, 2007 @ 3:30am
Who the fuck gives a flying fuck about the superbowl anyway? Watching sports is retarded!
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Big Game by Green Bastard on Feb 24th, 2007 @ 4:01am
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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Re: Big Game by Anonymous Coward on Feb 24th, 2007 @ 4:45am
The next time someone kicks your ass dont call us fat asses.
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Example by Painterskip on Feb 24th, 2007 @ 5:03am
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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Re: superbowl trdemark by Willard Lee on Feb 24th, 2007 @ 5:22am
Nah, they're just greedy elis.
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Why Stop at by F. Flint on Feb 24th, 2007 @ 6:20am
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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Endorsement by Jon on Feb 24th, 2007 @ 7:06am
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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Re: Wait, this could be a new pastime by Monarch on Feb 24th, 2007 @ 7:12am
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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by Anonymous Coward on Feb 24th, 2007 @ 7:19am
Ya know what.
Let em have it, I refuse to watch it any more.
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by Pesti on Feb 24th, 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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game??? by PseudoDragon on Feb 24th, 2007 @ 9:24am
so if the NFL decided to trademark the word 'game' what am i going to call my video GAMEs??
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Game? by La la la on Feb 24th, 2007 @ 9:42am
Some video game company needs to make a game called "THE BIG GAME"
and STAT
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Two Words; by me on Feb 24th, 2007 @ 9:47am
You're Fired!
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The ... big ... game ... by me too on Feb 24th, 2007 @ 11:17am
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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Re: Two Words; by me too on Feb 24th, 2007 @ 11:18am
Sorry, you can't say that without paying the Donald
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Re: Why is this here? by Tyshaun on Feb 24th, 2007 @ 11:23am
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.
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Tech and Dirt by Chris on Feb 24th, 2007 @ 12:09pm
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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edit.. by Chris on Feb 24th, 2007 @ 12:12pm
"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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NFL by Mark Leopold on Feb 24th, 2007 @ 12:27pm
I thought this was our game? Not just the NFL's.
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NFL by Mark Leopold on Feb 24th, 2007 @ 12:28pm
I thought this was our game? Not just the NFL's.
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Re: Wait, this could be a new pastime by Tesla on Feb 24th, 2007 @ 12:29pm
And, of course: The Stupid Bowl
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Re: NFL by Kentucky Fats on Feb 24th, 2007 @ 3:17pm
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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Re: Too late NFL! by Anonymous Coward on Feb 24th, 2007 @ 3:39pm
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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by LukeD on Feb 24th, 2007 @ 5:42pm
Give the NFL a taste of their own medicine...Europe should trademark the word "Football".
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Re: Tech and Dirt by Tyshaun on Feb 24th, 2007 @ 6:30pm
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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by Overcast on Feb 24th, 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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NFL by Debi Feistkorn on Feb 25th, 2007 @ 2:53am
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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NFL by Anonymous Coward on Feb 25th, 2007 @ 3:14am
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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Re: edit.. by whuttech? on Feb 25th, 2007 @ 4:16am
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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Re: Why Stop at by F.U. Flint on Feb 25th, 2007 @ 6:47am
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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The first rule about the Big Game by kandy on Feb 25th, 2007 @ 9:21am
The first rule about the Big Game
Is that you can't talk about the Big Game
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by Overcast on Feb 25th, 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 is for insecure men by Football Hater on Feb 25th, 2007 @ 10:26am
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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Step off - NFL you suck you are destoring the the by old fan on Feb 25th, 2007 @ 10:43am
Step off - NFL you suck you are destoring the the game of football
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Step off - NFL you suck you are destoring the the by old fan on Feb 25th, 2007 @ 10:43am
Step off - NFL you suck you are destoring the the game of football
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Spinning out of control by Stover on Feb 25th, 2007 @ 12:17pm
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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Re: Re: Why Stop at by norns on Feb 25th, 2007 @ 12:33pm
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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Re: Re: edit.. by Nick Burns on Feb 25th, 2007 @ 5:47pm
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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12th Man by Jorge on Feb 25th, 2007 @ 6:06pm
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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DUMB by Numbers are MINE on Feb 25th, 2007 @ 11:14pm
Ok I think I'll trademark every number, and numeral. Math and thinking are forbidden!
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No Christmas for you by Jesus Christ on Feb 26th, 2007 @ 7:29am
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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So they've decided that nobody else uses the term? by JustMatt on Feb 26th, 2007 @ 7:38am
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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by Adam on Feb 26th, 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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sports sux by SATAN on Feb 26th, 2007 @ 8:45pm
They sux ass, fuck them and their stoopid game
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Generic words / term by Somewhere on Feb 27th, 2007 @ 1:05pm
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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