[thenightwriterblog] The Night Writer: Gaming the name

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Posted by The Night Writer:
Gaming the name
http://thenightwriterblog.powerblogs.com/posts/1172704437.shtml


   Hey, do you know that professional football game that they play at the
   end of each season? The one with all the expensive commercials and the
   all-day pre-game show? The one that sounds like something Clark Kent
   might use to eat two gallons of Rocky Road ice cream? Yeah, that one.
   You may already know that the [1]NFL is like Terry Tate, office
   linebacker, fresh out of law school, in going after people and
   businesses who use its trademarked name for this game. I learned this
   more than a decade ago when I was writing an advertising and
   promotional campaign for a brand of microwave popcorn that was being
   launched in the U.K. Part of the promotional campaign was that by
   trying the new snack you'd get a chance to win an expense-paid trip to
   the U.S. for the ... well, the Big Game. We had planned to use the
   real name of the event, but we were threatened with an "illegal
   procedure" call so we used the BG alternate wording.
   Many other businesses have done the same as they annually promote
   their snacks, HDTVs, adult beverages and recliners leading up to the
   "Big Game". Now the NFL is trying to call "Encroachment" on these
   sideline retailers by seeking to trademark the Big Game audible as
   well (HT: [2]The Trademark Blog and [3]Likelihood of
   Confusion">Likelihood of Confusion).
   It's kind of reminiscent of those NFL commercials from a year or so
   ago where players such as Jerome Bettis and Daunte Culpepper would
   suddenly appear, uniformed, in business meetings or warehouses to
   penalize people who misused football cliches. If this registration
   goes through you'll have uniformed NFL lawyers laying crackback blocks
   on any sports bar putting "Watch the Big Game here!" on their
   marquees.
   I really can't see how the NFL is harmed by these enthusiastic but
   unauthorized efforts; referring to the Big Game doesn't give anyone
   the impression that the sale, happy hour or sofa are sanctioned or
   licensed by the NFL or detract from the allure of the game. If
   anything it probably just adds to the hoopla that has practically
   turned that Sunday into a national holiday. (It does kind of make me
   wonder if the real Santa Claus gets a taste from all those copy-cats
   in the malls and taped to walls). Certainly this move by the NFL could
   make things a lot worse.
   After all, "The Big Game" has a positive connotation. If forced to be
   more creative retailers and bars might have to resort to saying "Watch
   the Great Commercials here!" or "Be sure to stock up on drugs before
   the Steroid Bowl!" or "Your Lame Game Headquarters!"

References

   1. http://www.hollywoodreporteresq.com/thresq/ip/article_display.jsp?vnu_content_id=1003538980
   2. http://www.schwimmerlegal.com/2007/02/the_thing_on_tv.html
   3. HT: <a href=