• Get involved.
    We want your input!
    Apply for Membership and join the conversations about everything related to broadcasting.

    After we receive your registration, a moderator will review it. After your registration is approved, you will be permitted to post.
    If you use a disposable or false email address, your registration will be rejected.

    After your membership is approved, please take a minute to tell us a little bit about yourself.
    https://www.radiodiscussions.com/forums/introduce-yourself.1088/

    Thanks in advance and have fun!
    RadioDiscussions Administrators

"Big Game" copyright

A

ActuallyInTheBiz

Guest
I've been hearing a particular heritage rock station and newspaper in the Valley doing separate Super Bowl promotions where they refer to it as the "Big Game." Um...the NFL has THAT phrase copyrighted for commercial purposes, too. Considering that neither of these promotions are officially sanctioned by the NFL, I believe that they're both leaving themselves open to getting sued. Oops. There are several people at a radio station whose job it is to KNOW THIS STUFF: The PD, the Sales Manager, the GM, and the Promotions Director. Logic follows that they're also leaving their involved clients open to getting sued, too. I'm 90% sure that "Big Game" is copyrighted. I left out the other 10% because I'm not an attorney.
 
So let me get this right. You can't call it the Super Bowl and you can't call it The Big Game. So I guess we don't talk about it at all? Sounds like a Big Cluster#!*$ to me!
 
"Big Game" is OK to use. From WikiPedia, as one example:

In 2006, the NFL made an attempt to trademark "The Big Game" as well; however, it withdrew the application in 2007 due to growing commercial opposition to the move.

From Broadcastlawblog.com:
".....These restrictions explain why you often hear it referred to as "The Big Game." Further:
DJs can use the term "Super Bowl" editorially in discussing the game on air (but not in a way to imply that the station has a connection to the game, or not in a repeated way analogous to a station slogan or positioning statement). It means that news stories about the game can refer to the "Super Bowl."
 
nope. You can't use "The Big Game," either, if you're doing a promotion. Believe me, I got a memo from my company's Legal Dept. on it. You also can't use "NFL," any of the official team names or division names, either. That's why when stations or bars do non-official Eagles promotions, they say "the birds."

Of course, when you're just TALKING on air about the Superbowl and the teams (making conversation), it's fine. It's when you're doing a money-making or promotional event that the NFL cracks down on events that they're not official sponsors of. It blows my mind that local stations and businesses still don't know that. I'm hearing commercials that are likely illegal, too...that use the NFL music, etc. It's unbelievable.
 
ActuallyInTheBiz said:
nope. You can't use "The Big Game," either, if you're doing a promotion. Believe me, I got a memo from my company's Legal Dept. on it.
Click to expand...

Sorry to say your legal dept. is incorrect. The NFL does not own "big game." If you/they don't believe the above mentions, then search further and you'll see it's quite legal to use "big game."
 
Here's more great info., which also cites the "nominative fair use" law. While the lawyer who wrote the blog even argues for fair use of "Super Bowl," that's not the issue here. The law even allows for use of a trademarked term even to promote your own goods or services. The example in the article is reviewing an iPad, but how about if you were giving away an iPad? You could use the name. Same law applies here. Think of it this way: Pittsburgh Steelers and Green Bay Packers are certainly stronger trademarks than "big game." Yet, we can use THEM any way we'd like in promoting the Super Bowl or related advertising. No one ever thinks of that. Not even legal departments.

But aside from the law, "big game" is not owned by anyone.

http://www.lawlawlandblog.com/2011/02/this_is_our_big_game_super_bow.html
 
It's funny how actuallyinthebiz likes to throw his weight around and not actually point out the facts. The fact is that "The Big Game" is 100% allowed

As a matter of fact I got an email from the PAB reminding me that the term Super Bowl could not be used along with a long list of other things that could not be said.

Things that can be used in place...top of the list "The Big Game"

If I had not deleted the email in February I would post it for you to see
 
Status
This thread has been closed due to inactivity. You can create a new thread to discuss this topic.
Back
Top Bottom