Minding the NFL’s Super Bowl Advertising and Promotions Restrictions

posted on 2.03.2025

Media law firms have written for years on the issues arising from Super Bowl-related promotions and advertising.

These legal concerns stem from the NFL’s jealously guarded Super Bowl trademark and logo.

It’s become something of a TAB Super Bowl tradition to turn to TAB Associate member law firm Wilkinson Barker Knauer’s resident trademark law specialist, Mitchell Stabbe, to get his thoughts on the current legal landscape surrounding that prized trademark and logo.

While not much changes from year to year, it’s always good to get a legal refresher on the topic as mistakes can be costly.

The NFL receives hundreds of millions of dollars from licensing the use of the Super Bowl trademark and logo, as well as billions in royalties each of four broadcast television networks pay annually for the rights to broadcast NFL games.

“Given the value of the Super Bowl franchise, it is not surprising that the NFL is extremely aggressive in protecting its golden goose from anything it views as unauthorized efforts to trade off the goodwill associated with the mark or the game,” said Stabbe.

“Accordingly, with the coin toss almost upon us, advertisers should take special care before publishing or engaging in advertising or other promotional activities that refer to the Super Bowl.  Broadcasters and news publishers have greater latitude than other businesses but still need to be wary of engaging in activities that the NFL may view as trademark or copyright infringement.”  

Stations looking for guidance on promotions and client advertising involving this coming weekend’s big game should read Stabbe’s 2025 Broadcast Law Blog post, in which he reviews the current state of legal play for:

• Advertising that merely refers to the Super Bowl
• “Super Bowl” events or parties
• Sweepstakes and giveaway naming and prizes
• Names of programs
• Special advertising and disclaimers
• Masked advertisements

Stabbe also looks at “how close is too close?” as well as broadcasters’ past efforts to “get cute” with the Super Bowl trademark.

The article is an excellent and entertaining summary of the potential perils for broadcasters.

Stations can read Stabbe’s excellent summary here.

Questions? Contact TAB’s Michael Schneider or call (512) 322-9944.

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