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There was record viewership for the last-second victories in each of the 2022 NFC and AFC Divisional Round games.  Thus, the interest in this year’s Super Bowl game may be unprecedented and advertisers may want to take advantage.  For the last six years, I have posted guidelines about engaging in or accepting advertising or promotions that directly or indirectly reference the Super Bowl without a license from the NFL.  Here is an updated version of my prior posts, which may be particularly useful to potential advertisers and broadcasters who may be asked to carry their ads.

The Super Bowl means big bucks.  It is estimated that each of the three television networks that broadcasts the Super Bowl paid the NFL over $1 billion per year for the right to broadcast NFL games through this season, including the right to broadcast the big game on a rotating basis once every three years.  In addition, the NFL has entered into a new contract that goes through 2033, for a reported total of $100 billion, under which CBS, ESPN/ABC and Fox, will have television rights for three Super Bowls and NBC will have the rights to broadcast two Super Bowls.

The investment seems to pay off for the networks.  Reportedly, it cost $6 M for a 30-second spot during last year’s Super Bowl broadcast, up from $5.6 M the prior year, and national advertising revenue totaled $545 M (up from $448.7 M the prior year) and these figures do not include income from ads during any pre-game or post-game programming.  (In addition to the sums paid to have their commercials aired, some advertisers spend millions of dollars to produce an ad.)  In addition, the NFL receives hundreds of millions of dollars from licensing the use of the SUPER BOWL trademark and logo.
Continue Reading The Clock is Ticking Towards the Super Bowl:  2022 Update on Super Bowl Advertising and Promotions

For several years, I have posted guidelines about engaging in or accepting advertising or promotions that directly or indirectly reference the Super Bowl without a license from the NFL (see, e.g. our articles here and here).  It’s that time of year again, so here is an updated version of my prior posts.

The Super Bowl means big bucks.  It is estimated that each of the three television networks that broadcasts the Super Bowl pays the NFL over $1 billion per year for the right to broadcast NFL games through 2022, including the right to broadcast the big game on a rotating basis once every three years.  The investment seems to pay off for the networks.  The Super Bowl broadcast alone generates hundreds of millions of dollars for the networks from advertisers.  In addition to the sums paid to have their commercials aired (reported to be approximately $5.6 million for a 30-second spot), many advertisers spend more than $1 million to produce each ad.  In addition, the NFL receives hundreds of millions of dollars from licensing the use of the SUPER BOWL trademark and logo.

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 game.  Accordingly, with the coin toss almost upon us, advertisers must take special care before publishing ads or engaging in 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.  (These risks also apply to other named sporting events, for example, making use of the terms “Final Four” or “March Madness” in connection with the upcoming NCAA Basketball Tournament – see, for instance, our articles here and here.)
Continue Reading “Come See Us At The Superb Owl” – Don’t Try This At Home!  2020 Update on Super Bowl Advertising and Promotions

For many years, we have posted guidelines about engaging in or accepting advertising or promotions that directly or indirectly allude to the Super Bowl without a license from the NFL. We are at that time of year again, so here is an updated version of our prior posts.

The Super Bowl means big bucks. It is estimated that each of the three television networks that broadcast the Super Bowl pay the NFL in excess of $1 billion per year for the right to broadcast NFL games through 2022, including the right to broadcast the big game on a rotating basis once every three years. Of course, the game generates hundreds of millions of dollars for the networks from advertisers. In addition to the sums paid to have their commercials seen (approximately $5 million for a 30-second spot), many advertisers spend more than $1 million to produce each ad. In addition, the NFL receives hundreds of millions of dollars in income from licensing the use of the SUPER BOWL trademark and logo.

Not surprisingly, 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 game. Accordingly, with the coin toss almost upon us, advertisers need to take special care before publishing ads or engaging in promotional activities that refer to the Super Bowl. Broadcasters and news publishers have greater latitude than other businesses, but still need to wary of engaging in activities that the NFL may view as trademark or copyright infringement. (These risks also apply to the use of “Final Four” or “March Madness” in connection with the upcoming NCAA Basketball Tournament.)
Continue Reading As Super Bowl Approaches, Advertisers Should Be Aware of The NFL’s Efforts to Protect Its Golden Goose – 2018 Update on Super Bowl Advertising and Promotions