The Super Bowl MVP Goes To…Trademark Registration

A recent article from Yahoo! Sports points out how the NFL is vigilant about protecting its phrase: SUPER BOWL.  The Washington Post goes into further detail and makes reference to "trademarked words" and their effect on who may and who may not use such trademarks.  These articles are popular because the National Football League applied for and became the owner of a trademark registration, and more than one for that matter, for SUPER BOWL with the USPTO.  In doing so, they took the first step toward securing the additional benefits inherent in a trademark registration.  The reason the NFL's trademark for SUPER BOWL is in the news, however, is because the NFL did not stop once it got its trademark registration.

Instead, the NFL actively monitors third party use of its trademark.  By policing third party use, it can identify trademark infringers and act in an effort to stop them.  In doing so, they increase the value of their trademark and ensure they can continue to collect trademark licensing fees.  Having a trademark registration allows them to exert leverage over these alleged infringers in cease and desist letters or even trademark infringement litigation.  The NFL can sue in a Federal District Court, seek statutory damages into the millions, recover their trademark attorneys' fees, and rely upon their trademark registration as support for the ownership and validity of their SUPER BOWL mark.  What was assuredly a relatively small investment to secure a trademark registration becomes invaluable goodwill and leverage when negotiating license agreements or enforcing its trademark against unlawful users. 

Just as football teams prepare for the opposition's best player, advertisers have been forced to prepare for not being able to use SUPER BOWL.  Those that do want to use it will have to pay for it. For these reasons, the SUPER BOWL trademark registration has been the NFL's MVP.