UnscrIPted

As the NFL regular season comes to a close and the playoffs come into focus, so too does its ultimate prize: the Super Bowl. For many, this event is not only a capstone to the NFL’s season but also an opportunity to watch some of the most elaborate (and expensive) commercials of the year. With a 30-second commercial slot costing over $7 million, advertisers hope to see significant returns on their investment—and they often do. Being one of the most-watched television events in the United States, drawing over 110 million viewers last year, the Super Bowl generates an average return of more than $4 for every dollar spent on these coveted ads.
 

Yet the logistics behind Super Bowl commercials are only one aspect of the broader range of intellectual property showcased on Super Bowl Sunday.

Trademarks: Protecting the "Big Game"

The NFL takes an active role in enforcing its trademarks to maintain the protections they provide. Since registering the phrase “Super Bowl” in the late 1960s, the league has accumulated over one hundred trademarks, including “Super Sunday,” “Gameday,” and “Vince Lombardi Trophy.” However, the phrase “Big Game” is not among them. This gap creates opportunities for unauthorized sponsors to engage in what’s known as “ambush marketing,” where they associate their brand with the Super Bowl without official sponsorship. For instance, while an unofficial sponsor risks legal action for using the phrase “Super Bowl” in an advertisement, they can often sidestep liability by using phrases like “Big Game.”
 

The NFL’s vigilant trademark enforcement ensures that official sponsors receive the exclusive benefits of their association with the Super Bowl, preserving the value of these high-stakes partnerships.

Copyright: Licensing the Broadcast

Copyright law plays a central role in how the NFL licenses its intellectual property. Under copyright protection, the league retains exclusive rights over its broadcasting, including the ability to license the airing of games. This exclusivity has immense financial value. In 2021, the NFL finalized an 11-year, $110 billion deal granting ABC, CBS, FOX, and NBC the rights to air NFL games, including the Super Bowl. This arrangement highlights the significant economic value and legal protections copyrights can provide.
 

Patents: Innovation on the Field and Beyond

While copyrights and trademarks often take center stage, patents quietly drive many innovations that enhance the NFL experience, particularly during the Super Bowl. One of the most impactful inventions is the Virtual Yellow 1st & Ten Line (U.S. Patent No. 6,229,550). Introduced in 1998 on ABC, this technology revolutionized broadcasts by virtually projecting the line to gain marker onto the field, helping viewers instantly visualize critical situations in the game. Similarly, the Skycam system (U.S. Patent No. 4,710,819) transformed how fans watch football by providing an aerial perspective otherwise unobtainable through conventional camera equipment.

Patents can also play a crucial role in player safety. The Guardian Cap (U.S. Patent No. 9,314,061), introduced by the league to games this year, is a padded shell worn over helmets to reduce head impact forces. This innovation underscores the NFL’s ongoing commitment to addressing concerns about concussions and keeping starting players on the field rather than the sidelines.

From enhancing player safety to revolutionizing the broadcast experience, patents demonstrate how innovation fuels the NFL’s continued success. By protecting and commercializing these advancements, the NFL ensures that the Super Bowl remains a showcase of both athletic and technological excellence.
 

Takeaway

The Super Bowl is far more than a football game, it’s a showcase of creativity, innovation, and legal strategy. From the consistent enforcement of trademarks to the licensing of broadcasts and the technological advancements displayed to the TV audience, intellectual property is woven into the fabric of the NFL’s most anticipated event. As fans of football and great commercials alike gather around, the intellectual property that encompasses the game ensures that it continues to shine—both on and off the field.