Trademark Tightrope: The NFL, FIFA, and Protecting Event Names
By Fady Megaly; Photo Credit: Alexandre Loureiro/Getty Images for adidas
In recent weeks, many grocery store advertisements and commercials have referenced “the big game.”[1] Without giving it much thought, most consumers understand this phrase as a reference to the Super Bowl, thanks to the timing and visual cues. But why don’t they just say “Super Bowl”?
The National Football League (“NFL”) has trademarked the phrase “Super Bowl.”[2] A trademark can be any word, phrase, symbol, design, or a combination of these things that identifies a good or service.[3] The NFL has not only trademarked the phrase “Super Bowl” but is also known for their strong enforcement of prohibited uses of the phrase.[4] Enforcement primarily involves issuing cease-and-desist letters to those infringing on the trademark.[5] This is well within legal bounds and is a wise move from the NFL and its attorneys. If the use of the phrase “Super Bowl” is litigated, the user of the phrase will ideally not be able to argue under a theory of genericization, because of their stern monitoring.[6] Genericization occurs when a brand name becomes so widely used that it loses its trademark protection, such as “Aspirin” or “Escalator.”[7] Additionally, the NFL wants to prevent confusion among its sponsors; they want to eliminate any false conception that something could be associated or sponsored by their organization.[8] Although the phrase is trademarked, use of the phrase is permissible under the fair use doctrine of trademark law.[9] The fair use doctrine allows the use of another’s trademark under certain conditions without it being considered infringement.[10] For instance, news outlets can legally use the phrase “Super Bowl” when reporting on the event, and commentators may reference it without infringing on the NFL’s trademark.[11]
While the NFL enforcement strategy is widely recognized, the Federation Internationale de Football Association (“FIFA”) faces similar challenges as it prepares for the 2026 World Cup. The 2026 FIFA World Cup will be hosted in 16 cities across the United States, Mexico, and Canada.[12] Many businesses have already started making plans to market to the millions of viewers arriving in each of the cities.[13] FIFA, just like the NFL, protect their valuable trademarks including the use of the phrase “World Cup.”[14] It is imperative FIFA adopts the strong enforcement practices of the NFL to reduce the possibility of the genericization.
Trademark enforcement is a vital tool for organizations like the NFL and FIFA to maintain the distinctiveness and value of their event names. By closely monitoring the use of phrases like “Super Bowl” and “World Cup,” these organizations protect their intellectual property, ensure clarity for consumers, and safeguard relationships with sponsors.
As these events grow in scale and cultural significance, the tension between legal protection and public engagement becomes even more pronounced. The NFL’s proactive approach serves as a blueprint for other organizations, such as FIFA, to prevent genericization and maintain control over their trademarks.
Fady Megaly is a second-year law student at Vanderbilt. He plans to pursue a career in corporate law after graduation.
[1] See, e.g., Publix, https://www.publix.com/mc/order-ahead/game-day (last visited Feb. 11, 2025).
[2] James Leggate, NFL’s Super Bowl Trademark is Why Some Companies Call it ‘the Big Game’, FoxBusiness (Jan. 28, 2020), https://www.foxbusiness.com/markets/nfl-super-bowl-trademark-why-some-companies-call-big-game.
[3] What is a Trademark? USPTO, https://www.uspto.gov/trademarks/basics/what-trademark (last visited Feb. 11, 2025).
[4] See Leggate, supra note 2.
[5] See id.
[6] How To Avoid A Generic Trademark, War IP Law, PLLC, https://wariplaw.com/how-to-avoid-a-generic-trademark/#:~:text=Genericide%20is%20defined%20as%20the,promoting%20their%20products%20or%20goods (last visited Feb. 11, 2025).
[7] 40 Genericized Trademarks You Probably Say Every Day, Dictionary (Apr. 4, 2022), https://www.dictionary.com/e/genericized-trademarks/.
[8] Super Bowl Advertising Guidelines: The Do’s And Don’ts for Marketers, The Motherhood (Jan. 29, 2025), https://www.themotherhood.com/super-bowl-advertising-guidelines/
[9] See William McGeveran, Rethinking Trademark Fair Use, 94 Iowa L. Rev. 49, 104–05 (2008).
[10] See id.
[11] See id.
[12] Tournaments, FIFA, https://www.fifa.com/en/tournaments/mens/worldcup/canadamexicousa2026 (last visited Feb. 11, 2025).
[13] Navigating FIFA’s World Cup Trademarks Minefield, Intellectual Property Center (May 17, 2024), https://theipcenter.com/2024/05/navigating-fifas-world-cup-trademarks/.
[14] Id.