Last month, we posted some updated guidelines about engaging in or accepting advertising or promotions that directly or indirectly allude to the Super Bowl without a license from the NFL. “As Super Bowl Approaches, Advertisers Should Be Aware of The NFL’s Efforts to Protect Its Golden Goose – 2018 Update” Now, that is behind us (for another year), it is just in time to think about these issues in the context of the Winter Olympics!
The guidance from last month’s blog addressed the following subjects:
- Advertising that refers to the Super Bowl or other NFL trademarks;
- Advertising that uses non-trademarked terms that will be understood by the public to refer to the Super Bowl;
- Conducting or sponsoring events and parties for viewing the Super Bowl;
- Sweepstakes or giveaways that use “Super Bowl” as part of its name or offer prizes that include game tickets;
- Offering “special” coverage relating to the Super Bowl, accompanied by advertising;
- Congratulatory advertising; and
- Whether disclaimers will provide a defense to a claim.
The concepts advanced in that discussion apply equally to the Olympics, but the US Olympic Committee has a unique weapon in its arsenal, so there are additional considerations of which you should take note.
Continue Reading The Super Bowl is Over – Let’s Talk About the Olympics and Trademarks