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No need to call it the “Big Game.”

If you’re having people over to watch the Super Bowl, feel free to say you’re having a Super Bowl party.

There’s much in the news about NFL’s heavy-handed trademark enforcement. They’re bullies. But pressuring people to make up silly code names for the Super Bowl to avoid using its trademark has no basis in the law, at least not in the Ninth Circuit.

Others may differ (not counting the NFL, who I’m sure will differ). But in the Ninth Circuit, as long as you don’t imply some sort of sponsorship or connection with the trademark owner, you can use a trademark without the owner’s permission in order to refer to the trademark owner. It’s a form of a fair use known as “nominative” fair use. In my opinion, that applies to the Super Bowl trademark.


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