Over the last decade, we’ve covered Super Bowl topics, it’s that time of year again!
We’ve probed the NFL’s overzealous activities and asked hard fair use questions.
And, with Big Game LII in our backyard, we had a front row ambush marketing seat.
With digital marketing, that front row seat can be anywhere your iPhone takes you:
The top half of the email advertisement from Tuesday, landing in my inbox (shown above), seems to have a better argument for a nominative fair use defense than the the bottom half of the same ad (shown below), agree?
Assuming Birch’s is not an actual licensee, seems to me a rather difficult argument that use of the Super Bowl LIII logo is really fair and necessary for communicating truthfully, but, what say you?
UPDATE:
Hot off the email press and inbox from yesterday, here is another Super Bowl ambush, note their favoring of “Big Game” over “Super Bowl”:
So, they may have avoided the NFL’s wrath, but what about the Patriots and Rams logos on the helmets, fair use, or not, friends?
Here’s to looking at you again, James!