The trademarks surrounding these two terms are controversial. One story is that the NFL actually endeavored to shut down a church basement showing of the Super Bowl because they said the event violated their trademark.
It also makes it extremely painful from the perspective of someone trying to publicize activities surrounding these sport events. Do you think these terms should be 'protected;' or should they be allowed as general terms for general use?
http://blogs.wsj.com/law/2008/03/28/thi … -watching/
One place. See the comments...
I know what you'll think anyway....least I think I do...
Still, it is a pain in the @ss having to promote a super bowl party when you cannot use the words... Same with March Madness... Up until a few years ago, we used the term in advertising all the time.
I will have to read the some of the case law and get back to you on this. I odn't have an opinion yet.
The case mentioned in your link is March Madness Athletic Ass'n, L.L.C. v. Netfire, Inc., 162 F.Supp.2d 560 (N.D.Tex., 2001). I found the case in Westlaw, and I want to read the judicial opinion and accompanying briefs first. You might even get a hub if I find it to be sufficiently interesting!
For once, I appreciate you.
It is very difficult to write promotion copy surrounding football & basketball events without using certain words. They'd ordered all the posters and other items in advance, and everything had to be redone at the last minute--meanwhile, we sold only 100 tickets for Sunday's event...
Copyright and Tm are strange beasts.
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