Why Breweries, Restaurants and Bars Can’t Use NFL Trademarks or Offer Game Tickets as a Promotional Prize
The NFL (National Football League) is one of the most powerful brands in the world, with a vast array of trademarks that include team logos, names, colors, and the league’s iconic shield. The NFL and the teams that make up the league hold exclusive rights to over 100 marks. Some of the trademarks owned by the NFL include:
- The words and logos for “Pro Bowl,” “Super Bowl,” “Gameday” and “Super Sunday”
- Names and nicknames of teams and the design of helmets and uniforms.
- Colors, emblems, and symbols of the NFL and league teams.
These trademarks are valuable intellectual property that the NFL aggressively protects, particularly when it comes to unauthorized commercial use. It’s not allowed to have tickets to an NFL game be a promotional prize unless you got authorization from the NFL or had an arrangement with and entity who is an official sponsor with permission from the league.
- Understanding Trademarks and Intellectual Property
Trademarks are a form of intellectual property that protects symbols, names, and logos used to identify and distinguish goods or services. For the NFL, trademarks include not only the league’s name and logo but also the names, logos, and even certain colors associated with the 32 NFL teams and some of its competitive tournaments. These trademarks are legally protected under U.S. trademark law, which gives the NFL exclusive rights to their use in commerce. Unauthorized trademark use includes dilution, imitation, intentional confusion, or reproduction. When a business uses a trademark without permission, it can create consumer confusion by suggesting that there is an affiliation or endorsement that doesn’t exist. This can harm the brand owner’s reputation and diminish the value of their intellectual property. It also deprives the mark owner of licensing revenue and control over use of its mark. As a result, the NFL, like other major sports leagues, takes unauthorized use of its trademarks very seriously.
- The Legal Risks for Breweries, Restaurants and Bars
If a brewery, restaurant or bar uses NFL trademarks without permission, it could face legal action for trademark infringement. The NFL has a history of enforcing its rights and has pursued legal action against businesses that use its trademarks without authorization. This can include using team logos in advertisements for events, on menus, in beer or cocktail names, or even decorating a beer can or the establishment with team paraphernalia that suggests an official affiliation with the league.
It also can include using terms that are a little too close to the NFL’s marks such as “Souper Bowl” or “Superb Owl.” Even if your use is ultimately deemed non-infringing, it can be expensive to find that out after hiring attorneys to defend you against an organization with “deep pockets” and a team of attorneys protecting its intellectual property.
The penalties for trademark infringement can be severe. A business found to be infringing on a trademark may be required to pay damages, including any profits made as a result of the infringement, as well as legal fees.
- Licensing and the Path to Legal Use Or “Work Around”
While the risks of unauthorized use are significant, there are ways for businesses to legally use NFL trademarks or to use terms that are not infringing. The NFL offers licensing agreements that allow businesses to use its trademarks under specific conditions. However, obtaining a license can be expensive and may come with strict guidelines on how the trademarks can be used. For many small businesses, the cost and complexity of obtaining a license may be prohibitive. Before a license will be issued, several criteria must be met, including proof of business experience totaling three years, a prepaid royalty guarantee of $100,000 and a commercial insurance policy of $6 million and liability coverage (totaling $12 million).
Another option for restaurants and bars is to create NFL-themed promotions that do not use the actual trademarks. For example, a bar might host a “Football Sunday,” “Big Football Time” or “Touchdown Tournament” event without using team logos or names, focusing instead on the general concept of watching football. By avoiding the use of specific trademarks, businesses can create an appealing atmosphere for football fans without risking legal action. You use generic designs and phrasing. For instance, you could use a football player’s outline, the number of a player (without the player’s name), an image of a goal post, the shape of a football or the word “football.” However, you should never use the name of a specific team, or the letters NFL in your design or the description of your products, services or event.
- Why the NFL Enforces Its Trademarks So Strictly
The NFL’s aggressive protection of its trademarks is not just about protecting revenue; it’s also about maintaining control over the league’s image and reputation. The NFL is a highly profitable organization, with billions of dollars in revenue each year from television rights, sponsorships, and merchandise sales. By tightly controlling how its trademarks are used, the NFL ensures that its brand remains strong and that it can continue to generate significant income.
Moreover, allowing unauthorized use of trademarks could dilute the brand’s value. If consumers begin to associate NFL logos and team names with lower-quality products or services, the overall perception of the league could suffer. This is why the NFL, like many other major sports leagues, invests considerable resources in monitoring and enforcing its trademark rights.
- The Bottom Line
For breweries, restaurants and bars, the allure of using NFL trademarks to attract customers is understandable. Football is incredibly popular, and associating with the NFL can seem like a great way to draw in fans. However, the legal risks are substantial, and unauthorized use of NFL trademarks can lead to serious financial and legal consequences.
The best course of action for businesses is to avoid using NFL trademarks without permission. Instead, they can focus on creating football-themed events and promotions that capture the excitement of the game without infringing on the league’s intellectual property. By doing so, they can cater to football fans while staying on the right side of the law.
If you have questions about an event or promotion you’d like to do for football season, contact our office. We’d be happy to review your situation and provide guidance.
Tracy Jong is a Senior attorney at Evans Fox LLP with 30 years of experience focusing her practice in business law, intellectual property and licensing for alcohol and cannabis. Tracy Jong is a member of the New York Bar and is a registered attorney at the United States Patent and Trademark Office. She can be reached at [email protected].
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The content has been prepared for informational purposes only; it should not be construed as legal advice, does not create or constitute an attorney-client relationship, and readers should not act upon it without seeking professional counsel.