It’s well known that the National Football League (“NFL”) is fairly aggressive in policing the use of its trademarks. Take for example the Indiana man who, prior to the start of the NFL season, filed trademark applications for the use of “Harbowl” and “Harbaugh Bowl” in anticipation of the potential Super Bowl® match up between the Baltimore Ravens and San Francisco 49ers. According to ESPN.com, the NFL bullied Roy Fox into abandoning his applications for these trademarks. The NFL felt that they were too similar to its Super Bowl® trademark. Whether or not the NFL would have been successful in a legal battle is questionable, but shows that it’s serious about how its trademarks are used.
My last post was about Apple® so it’s only fitting that my next one be about Samsung® and its recent marketing brilliance. Tied up in a number of IP related legal battles, Samsung® takes a break from mocking Apple® and turns its attention to the NFL and its overly aggressive pursuit to policing its trademarks in the commercial seen here:
Samsung Commercial – NFL Trademarks
Can Samsung® really have gotten in trouble if it mentioned any of the NFL trademarks in its commercial? The answer is probably. The point of Samsung’s commercial is to sell its products and the NFL could argue that Samsung use of the NFL’s trademarks was intentional and implied some sort of affiliation while seeking commercial gain, which is generally a no no in the realm of trademark law.
Samsung got its point across without having to worry about stepping on the NFL’s toes. So the real question becomes: Who you got Sunday? The San Francisco Fifty Minus Ones or the Baltimore Black Birds?
