Avoiding Legal Trouble: How to Advertise Without Saying “Super Bowl”

Avoiding Legal Trouble: How to Advertise Without Saying “Super Bowl”

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The Super Bowl is one of the biggest events of the year, attracting millions of viewers and massive advertising dollars. But did you know that businesses cannot use the term “Super Bowl” in their marketing unless they are official sponsors? The National Football League (NFL) owns the trademark for “Super Bowl,” and they strictly enforce it. If you’re promoting your business during the big game, here’s what you need to know. Follow these guidelines to stay out of legal trouble.

What You Can and Cannot Say

Avoid Direct References

The NFL does not allow businesses to use “Super Bowl” in advertisements, social media posts, or promotions. Only official sponsors are permitted to use the term. This means you should avoid phrases like:

  • “Shop with us for your Super Bowl snacks!”
  • “Get ready for the Super Bowl with our party specials!”

If you use these terms in ads, you might receive a cease-and-desist letter. The message would be from the NFL’s legal team (Broadcast Law Blog).

Use Alternative Phrases

Instead of saying “Super Bowl,” consider using generic terms like:

  • “The Big Game”
  • “Game Day”
  • “Football’s Favorite Sunday”

These phrases let you connect with football fans without violating NFL trademarks (Foster Garvey).

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How to Promote Your Business Legally

Hosting Events

If you are hosting a watch party, you cannot call it a “Super Bowl Party.” Instead, use a name like:

  • “Game Day Watch Party”
  • “Sunday Football Bash”

This keeps your event compliant while still attracting football fans (Foster Garvey).

Sweepstakes & Giveaways

The NFL does not allow businesses to use “Super Bowl” in contest names. If you’re running a giveaway, avoid titles like:

  • “Win a Super Bowl Weekend!”
  • “Enter to Win Super Bowl Tickets!”

Instead, try something creative, like “Win a Trip to the Big Game” (Broadcast Law Blog).

Avoid Using Team Names & Logos

All NFL team names, logos, and images are also protected trademarks. This means you can’t use them in advertising, graphics, or promotions without permission. Instead, keep things generic by referring to “your favorite team” or “the champs.”

What About Fair Use?

Some businesses think they can use “Super Bowl” under nominative fair use. This legal doctrine allows trademarked names when referring to the actual product or service. Nonetheless, in advertising, using “Super Bowl” often suggests sponsorship or endorsement, which is not allowed. The safest route is to avoid using it altogether (Broadcast Law Blog).

Conclusion: Play It Safe

If you want to market your business around the big game, use generic terms. Avoid using “Super Bowl,” team names, or logos. The NFL actively enforces its trademarks, and violating them result in legal action. Instead, get creative with your messaging while staying compliant.

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