The American Football championship—the Super Bowl—is this weekend. And, along with it, there is the opportunity to capture the attention and imagination of the American consumer (and make a few bucks)—and IP issues abound. The two teams playing are the San Francisco 49ers and the Baltimore Ravens. Interestingly, the teams are coached by brothers. The 49ers a.k.a. Niners are coached by Jim Harbaugh and the Baltimore Ravens are coached by John Harbaugh. An entrepreneurial fan last year attempted to obtain a trademark registration for the “Harbowl” and “Harboughbowl.” The National Football League (NFL) pressured the fan to abandon his trademark application. The NFL is notorious for enforcing the Super Bowl trademark. And, we have heard about the “Kaepernicking” trademark from fellow blogger Neil Wilkof. Now Samsung is taking the game to a new level. One of the traditions of the Super Bowl is the anticipation and viewing of creative commercials during the game. Indeed, some fans enjoy the commercials during the Super Bowl more than the game itself, and every year people always ask—what was the best commercial. This year Samsung has an early strong entry that is getting play with the media already. Samsung is taking its “IP law and enforcement is out of control" message to the American consumer—a continuation of its theme from the Apple v. Samsung case. Here is the commercial.
What do you think? I wonder if I'll get a cease and desist letter from the NFL for using "Super Bowl" in this blog entry. Anyone care to analyze the issues?
