Why can&#39;t advertisers say &#39;Super Bowl&#39;?
<p>Around this time every year there are lots of ads talking about 'The Big Game' or the 'Suberb'-something. Essentially whatever it takes to say their thing is for the Super Bowl, without actually using the word.</p>

<p>I've heard that this is because the NFL will sue you for doing this, but I don't understand why that would be the case. Also, I'm not sure what the legal basis would be for that kind of suit, given the event is a very major public event.</p>

<p>My question is two-fold:</p>

<ol>
<li>Does the NFL sue entities for using the term 'Super Bowl' when advertising? </li>
<li>What is the legal basis for this when it's such a public event?</li>
</ol>

<p>There is a general belief that a term being trademarked means that it's illegal to use the term without permission from the trademark holder, but that is false. It is illegal only if it is done in a manner that suggests endorsement by the trademark holder. For instance, selling a football as a "Super Bowl football" would be trademark infringement, as it implies NFL involvement in the production of the football. Simply talking about the Super Bowl, such as saying "Our construction company built the stadium the Super Bowl is being played in" is not trademark infringement. Simply using a trademarked term to discuss the thing it refers to, without implying endorsement, is known as "nominative use".</p>

<p>However, even if one would be on solid legal footings and could win a lawsuit on the basis of nominative use, one might avoid using a trademark to avoid the hassle of being sued.</p>

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