The Big Game? What are they getting at? The World Cup?

The Big Game? What are they getting at? The World Cup?

This weekend, that big football event we’ve come to call the Super Bowl occurs. But this time of year we get to enjoy the timidity of advertisers, who tremble at the thought of using the “SB” term itself.

As a result, we are inundated with inane ads that trumpet “The Big Game” or some permutation of that milquetoast label.

The Super Bowl organizers and their attorneys guard that name carefully, as they should. But when the use is entirely peripheral to the game, and when advertisers mention the game not to confuse consumers but to offer products and services that would improve the game experience, they believe they cannot utter “Super Bowl”? Gimme a break!

That kind of circumscribed thinking made me chuckle as I gazed at the accumulation of ads that came in this week’s Arizona Republic. In this case, it was supermarkets who studiously avoided the term. Bizarro world.

Extending that “thinking,” I guess we should say that “This year’s Big Game is between a team from Denver and another from Seattle.” Wary of uttering “Seahawks” or “Broncos,” that’s all we should say.

The disappearing Super Bowl, via the timidity of advertisers.

The disappearing Super Bowl, via the timidity of advertisers.

To add a little legal thinking to my irritation, turn to this story echoing how ridiculous the fear is.

Here, the author quotes another on the harm we do to fair-use concepts when we surrender those rights without true understanding:

“In their recent book Reclaiming Fair Use, Pat Aufderheide and Peter Jaszi warn that when we refrain from exercising our fair use rights, and act as if those rights do not exist, we help create a culture in which fair use loses ground to overly aggressive copyright enforcement. The same is true in the trademark realm. We can only hope that when the next Superbowl rolls around, the Times and its brethren, and even the HDTV sellers, will have shed their timidity.”

A hat tip to the eagle-eyed Kathy Nakagawa who spotted this wonderful issue that intersects sports and intellectual property.

If you are seeking some lunchtime learning, a few upcoming webinars may fill the bill. The following are co-sponsored by Fordham Law School and The National Law Journal.

They are free to “attend,” but pre-registration is required. (See below for web registration details.)

And are any of the topics something you’d like to see covered in Arizona Attorney? Let me know, and we could slot an article.

Here is the information from Fordham:

Ethical Issues for Criminal Practitioners
October 2, 2012 at 1 p.m. Eastern

Panelists will focus on the ethical issues that often arise during criminal cases and the recent developments in ethics and professional responsibility.  Speakers include: Hon. Jed S. Rakoff, Judge for the U.S. District Court for the Southern District of New York; Bruce Green, Professor and Director of the Louis Stein Center for Legal Ethics at Fordham Law School; Rita M. Glavin, Partner at Seward & Kissel LLP; and Sylvia Shaz Schweder, Assistant U.S. Attorney for the Eastern District of New York.

The Foreclosure Crisis in the Courts
October 16, 2012 at 1 p.m. Eastern

Discussion will center on important trends in foreclosure law in the wake of the housing crisis. Speakers include: Nestor Davidson, Professor of Law and Founding Director of the Urban Law Center at Fordham Law School; Bruce J. Bergman, Partner at Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.; and Meghan Faux, Director of the Foreclosure Prevention Project at South Brooklyn Legal Services.

Navigating Prosecutorial Discretion in Immigration Law
October 30, 2012 at 1 p.m. Eastern

President Obama’s recent prosecutorial discretion initiative, the Deferred Action for Childhood Arrivals (DACA) relief process will be the focus of discussion. Speakers include: Jennifer Gordon, Professor of Law at Fordham Law School; Marielena Hincapié, Executive Director at the National Immigration Law Center; and David A. Martin, Warner-Brooker Distinguished Professor of International Law at the University of Virginia School of Law and Deputy General Counsel, Department of Homeland Security (2009-2011); General Counsel, Immigration and Naturalization Service (1995-1998).

The Boundaries of Fair Use After Cariou v. Prince
November 13, 2012 at 1 p.m. Eastern

Panelists will analyze the decision waiting to be made in Cariou v. Prince and the impact the case will have on the boundaries of visual art, fair use, and freedom of expression, particularly in visual art. Speakers include: Sonia Katyal, Joseph M. McLaughlin Professor of Law at Fordham Law School; Dale Cendali, Partner at Kirkland & Ellis LLP; Virginia Rutledge, Attorney and former Vice President and General Counsel for Creative Commons; and Christine Steiner, Special Counsel for Sheppard Mullin Richter & Hampton LLP.

To register, go to law.com/ethics, law.com/foreclosure, law.com/immigration or law.com/fairuse to register.

Dates:

  • October 2, 2012 (Ethics)
  • October 16, 2012 (Foreclosure)
  • October 30, 2012 (Immigration)
  • November 13, 2012 (Fair Use)

Time: 1 p.m. – 2 p.m. Eastern