If you think that the phrase Super Bowl® is in the public domain, think again. The mark is owned by the NFL and its use is strictly monitored and controlled by the football confederation.
Most real estate agents probably don’t think this topic has any application to the business of selling properties. After all, we don’t hawk pizza or televisions or beer.
But using the phrase to promote a commercial endeavor, such as a “Super Bowl® Open House” probably requires a license from the NFL.
Fair use of the expression is likely limited to stories about the game itself. For instance, if you are writing about events during the game or even a journalistic diatribe about fair use of the mark!
Would the NFL issue a cease and desist order to an agent for violating the trademark? Probably not, but the law is the law and if we profess to follow the rules then we should willingly comply with them.
As we plan our “Big Game” parties and celebrations, we must keep in mind that fun is fun, but business is business.
And the two shall not mix!
Disclaimer: The writer is neither an attorney nor an expert on trademark issues. The content contained hereinis only the opinion of the writer. When dealing with any legal issue, always seek the advice of an attorney.
All content, including text, original art, photographs and images, is the exclusive property of Coweta Fayette Real Estate, Inc., and may not be used without the expressed written permission of Coweta Fayette Real Estate Better Homes and Gardens Metro Brokers, Newnan Georgia. All information is believed to be accurate but is not warranted, Copyright 2003-2009. Richard Weisser REOS, E-Pro. licensed Auctioneer. 770-827-6225.
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