February 9, 2026 • 26 mins
Bright lights, louder headlines, and a legal backbone strong enough to hold the biggest cultural moment of the year. We take you past the scoreboard and into the systems that make the Super Bowl work: broadcast rights that cross borders, trademarks that protect trust, and licensing strategies that turn 15 minutes of halftime into global memory. Along the way, we unpack the real moves behind “The Big Game,” from satellite transmissions and domain seizures to creative constraints that spark better ads, cleaner stages, and fewer courtrooms.
We start with the money plays—why transmissions count as public performances and how that doctrine funds the spectacle you watch on Sunday. Then we head online, where domain names masquerade as jerseys and UDRP panels yank them back before kickoff. The anti-piracy blitz gets real with Operation In Our Sites, a coordinated push that seizes illegal streaming hubs and undercuts counterfeit merch so legitimate broadcasts and brands can win the night.
Advertising sits on a razor’s edge. We explore the Tom Waits soundalike ruling to show how a voice can be identity, not a shortcut, and revisit the Beastie Boys’ stance to prove “not an ad ad” is still advertising when it moves product. Music is protected IP even when your campaign hides outside the 30-second slot, and endorsement risk turns on what viewers feel, not what disclaimers claim. That nuance becomes a blueprint for modern marketers: leverage cultural moments without impersonating people or implying NFL sponsorship.
Ambush marketing gets a fair shake, too. Courts have long allowed expressive references to major events while drawing a hard line at official-looking promotion. We share practical examples—billboards near stadiums, social posts that capture live moments, playful language aimed at parties and community—that ride the wave without borrowing league equity. And we end on the most surprising truth: halftime stays lawsuit-free not by luck, but by ruthless planning. Every song, visual, and contract is cleared early so art can soar at speed.
If you care about creativity, brand safety, or the craft of putting culture on a clock, this conversation maps the terrain. Hit play, subscribe for more plain talk about intellectual property, and tell us: which legal play changed how you see the Super Bowl?
Check out "Protection for the Inventive Mind" – available now on Amazon in print and Kindle formats.
The views and opinions expressed (by the host and guest(s)) in this podcast are strictly their own and do not necessarily reflect the official policy or position of the entities with which they may be affiliated. This podcast should in no way be construed as promoting or criticizing any particular government policy, institutional position, private interest or commercial entity. Any content provided is for informational and educational purposes only.
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Artemisa (00:00):
Welcome to the greatest show off the field and
behind the scenes, the SuperBowl.
Where tentacles meet topology,and halftime becomes the real
headline act.
We are talking about a stadiumfilled with touchdowns and a
stage filled with culturalmegawatt stars that eclipse the
scoreboard.
Like this year's Super Bowl 60halftime show led by Bad Bunny,
(00:25):
the first solo Spanish languagehalftime headliner, joined by
Lady Gungal and Ricky Martin ina fusion of reggaeton, salsa,
and global rhythm that made theworld stop and dance for 15
unforgettable minutes.
From Michael Jackson, Prince andBeyonce to Kendrick Lamar and
Rihanna, these halftimespectacles are not halftime
(00:45):
anymore.
They are full-time culture.
They are chart-topping events,not just songs.
They are reasoned millionsgetting other round screens, not
just for the game, but for theshimbo within the shimmel.
But while the lights flash andthe confetti remains, there's a
quantum powerhouse running inthe background, intellectual
property, rights, trade, marks,bromochemis, licenses, contracts
(01:08):
with artists, all thoseinvisible referees making sure
everything you love about SuperBowl Sunday actually goes on
without a legal flag.
On this episode, we are goinginto the legal playbook behind
the spectacle that even BadBunny's halftime stage could not
steal.
SPEAKER_00 (01:29):
You are listening to Intangibilia, the podcast of
Intangible Law.
Plain tug about intellectualproperty.
Please welcome your host,Leticia Caminero.
Leticia AI (01:39):
Welcome to Intangibilia.
I'm Leticia Caminero, the AIversion.
Artemisa (01:43):
And I'm Artemisa, your sideline full-on AI co-host with
an extra dose of sparkle andpun.
Leticia AI (01:50):
This episode is not about the referee calls, it's
about the copyright calls,trademark calls, and licensing
calls that are part of everySuper Bowl, every kickoff, and
every explosive halftime beat.
Artemisa (02:03):
Because while the quarterbacks run the ball behind
the scenes, lawyers catch passesworth billions.
Leticia AI (02:08):
We'll take you from the gridiron to the studio, from
broadcast rights to big gamewordplay, from domain feints to
enforcement blitzes.
Think of today as IP meets MVP.
Artemisa (02:21):
Greater than any Hail Mary, more dramatic than any
wardrobe change at halftime.
We are now set on the biggeststage in entertainment.
Leticia AI (02:31):
Before kick off, a quick note
prepared with AI support forresearch assistance, then
curated and reviewed by me forclarity, accuracy, and
storytelling.
This is educational andconversational, not legal
advice.
Artemisa (02:47):
Meaning we're here to explain the rules that make the
show possible, not to give you acontract on the spot.
Leticia AI (02:57):
So buckle up for an IP journey through the Super
Bowl where the intangible powersthe unforgettable.
Artemisa (03:03):
Broadcast rights are the real halftime show.
Leticia AI (03:06):
Let's kick off with a classic.
Late 90s, satellite disheseverywhere.
Borders suddenly feel veryflexible.
Primetime 24 had a clever idea.
Capture NFL games in the UnitedStates, beam them up to a
satellite, and send themstraight into Canadian living
rooms.
No NFL permission, no licensingdeal, just vibes and technology.
Artemisa (03:32):
So basically, what if copyright law stops at customs?
Leticia AI (03:36):
Primetime argue that the real performance happened in
Canada because that is whereviewers actually watch the game.
And since Canadian viewers wereinvolved, US copyright law
should stay politely on its sideof the border.
Artemisa (03:51):
That argument has big I am technically outside the end
zone energy.
Leticia AI (03:56):
The NFL disagreed.
They said, hold on.
Copyright law cares abouttransmission if you transmit a
broadcast to the public, eventhrough satellites and app
links, that is still a publicperformance under U.S.
law.
Artemisa (04:09):
Translation, you cannot pass the ball through
space and pretend the play neverhappened.
Leticia AI (04:14):
The court sided with the NFL.
They said this was a publicperformance, full stop,
injunction issued, damagesfollowed.
Artemisa (04:23):
And that is why today broadcast rights are treated
like the crown jewels, becausedistribution is the business
model.
Leticia AI (04:30):
The internet is the parking lot of the stadium.
Now let's move from satellitesto domain names.
Around 2009, someone registereda whole collection of websites
using NFL and Super Bowl in thedomain names.
Add a few betting terms,sprinkle in some logos, and
redirect traffic to gamblingsites.
Artemisa (04:52):
So fake jerseys, but make it digital.
Leticia AI (04:55):
The NFL went to WIPO under the UDRP system.
Their argument was simple andvery strong.
First, confusing similarity.
The domains literally used NFLand Super Bowl.
Artemisa (05:09):
Second, no legitimate interest.
The sites were not informationalor fan-based.
They were monetizing confusion.
Third, bad faith.
This was a pattern, not anaccident.
That is the legal equivalent ofwearing a referee shirt to sell
hot dogs.
Leticia AI (05:27):
The case went to the WIPO Arbitration and Mediation
Center.
The domains were transferred tothe NFL.
Artemisa (05:35):
Moral of the story: the internet may feel like free
parking, but the tow truck isalways nearby.
Protecting the game on and offthe field.
Leticia AI (05:43):
Now a case that is not pure IP, but absolutely part
of the Super Bowl ecosystem.
Delaware wanted to expandstate-sponsored sports betting.
The leagues, including the NFL,sued under a federal law called
PASPA.
Artemisa (05:59):
Because nothing says Super Bowl like betting slips
and legal briefs.
Leticia AI (06:03):
The leagues argued that PASPA only allowed very
narrow betting formats, andDelaware was going way beyond
that.
Delaware said, we have donebetting before, so we should be
allowed to do more now.
Artemisa (06:16):
That is a bold, trust us defense.
Leticia AI (06:18):
The court sided mostly with the leagues.
Delaware was limited tomulti-game NFL parlays only, no
single-game betting, noexpansion buffet.
Artemisa (06:28):
So the message was you can play, but only the version
you are already playing.
Leticia AI (06:33):
This case shows how leagues protect the commercial
perimeter around big events likethe Super Bowl, even when the
issue is not a trademark or acopyright.
Artemisa (06:44):
Even tickets are governance.
Leticia AI (06:46):
Super Bowl 48.
Fans were not happy.
They claimed the NFL withheldtoo many tickets from the
general public, pushing pricesinto the resale stratosphere.
Artemisa (06:58):
So the lawsuit was basically, I love football, but
my wallet says otherwise.
(07:19):
Ah, yes, the procedural tacklefrom behind.
Leticia AI (07:22):
The court agreed with the NFL case dismissed on
standing grounds.
Artemisa (07:28):
Lesson learned, even your seat is part of a carefully
engineered legal system.
The workaround fights back.
Leticia AI (07:35):
This one is my favorite for vibes.
Everyone started calling theSuper Bowl the big game to avoid
trademark issues.
The NFL noticed and thoughtmaybe we trademarked that too.
Artemisa (07:47):
That is the boldest reverse UNO card I have ever
seen.
Leticia AI (07:50):
They filed applications and immediately ran
into resistance.
Stanford and UC Berkeley said,excuse us, we have been calling
our rivalry game the big gamefor over a century.
Others argued the phrase wasdescriptive, widely used, and
not something one entity shouldown.
Artemisa (08:10):
So the workaround lawyered up.
Leticia AI (08:12):
The NFL eventually withdrew the applications,
saying they were broader thanintended.
Artemisa (08:18):
Translation, sometimes even the league fumbles.
The pregame show for IPenforcement.
Leticia AI (08:25):
Okay, let's zoom out for a second and look at what
happens before kickoff, not onthe field, but online.
Artemisa (08:31):
Because Super Bowl week is not just peak viewing
season, it is peak piracyseason.
Leticia AI (08:37):
Every year, as the Super Bowl approaches, the
internet fills up with websitespromising free Super Bowl
streams, watch the game live, orselling Super Bowl merch that
looks official but absolutely isnot.
Artemisa (08:51):
If it says official jersey for$30 and ships from a
mystery warehouse, you alreadyknow.
Leticia AI (08:57):
Exactly.
And in 2012, the US governmentdecided to tackle that problem
head on through something calledOperation in Our Sites.
Artemisa (09:08):
This was a coordinated enforcement action led by U.S.
authorities, working withleagues like the NFL to identify
websites that were eitherstreaming NFL games without
permission or sellingcounterfeit NFL merchandise at
scale.
So not a random takedown.
This was a full blitz.
Leticia AI (09:28):
Yes.
Authorities didn't just sendwarning emails, they seized the
domain names themselves.
Hundreds of websites were takenoffline, sometimes overnight,
right before the Super Bowl.
Artemisa (09:47):
Nothing kills a pirate stream faster than a federal
badge on the home page.
Leticia AI (09:53):
In at least one case, operators were not just
shut down, they were criminallycharged for copyright
infringement tied to illegalstreaming operations.
Artemisa (10:02):
So this wasn't only about civil lawsuits.
This was about saying this kindof activity crosses into
criminal territory.
Translation (10:11):
this is not just breaking the rules, this is
leaving the stadium inhandcuffs.
Leticia AI (10:17):
And here is why this matters for the Super Bowl
story.
The Super Bowl is one of themost valuable broadcasts in the
world.
Broadcasters pay enormous sumsfor the right to show it.
Advertisers pay millions forseconds of airtime.
Brands rely on consumer trustthat what they are buying is
real.
Piracy and counterfeits undercutall of that at once.
Artemisa (10:40):
Illegal streams steal viewers.
Fake merch steals money.
And confused fans lose trust.
Leticia AI (10:47):
Exactly.
Operation in our sites showsthat IP enforcement is not
abstract, it is operational,timed, strategic.
The enforcement happens beforethe game so that on Super Bowl
Sunday, the legal version of theevent dominates the screen.
Artemisa (11:02):
So while fans are prepping nachos, wings, and
halftime playlists, enforcementteams are prepping takedowns,
seizures, and court filings.
Leticia AI (11:11):
That is why we call this the pregame show for IP
enforcement.
Artemisa (11:15):
Because piracy loves big events.
And enforcement loves shuttingit down before kickoff.
You cannot impersonate thequarterback.
Leticia AI (11:24):
Now let's step into the world of Super Bowl
advertising, where 30 secondscan cost millions, and every
creative choice is made under amicroscope.
Back in the early 90s, Frito Laywanted a certain sound for
Doritos commercial.
Not a song.
Not a celebrity appearance.
(11:45):
A sound.
Specifically the gravellyunmistakable voice of singer Tom
Waits.
And but there was a problem.
Tom Waits was famous forrefusing to do commercials
publicly, repeatedly.
Artemisa (11:56):
So the brand said, Fine, we will not hire him.
We will just hire someone whosounds exactly like him.
Bold strategy.
Leticia AI (12:05):
The ad aired, no name, no credit, no Tom Waits
song, just a voice that any fanwould immediately recognize, and
that is where the legal issuebegins.
Tom Waits sued, arguing that hisvoice was not just a sound, it
was part of his identity.
By using a deliberate imitation,the ad created the impression
(12:30):
that he had endorsed Doritos,even though he never would have.
Artemisa (12:34):
So the defense was basically, we did not say it was
him.
And the court said, yes, buteveryone thought it was.
Leticia AI (12:43):
The court agreed with weights.
It ruled that a distinctivevoice can be protected under the
right of publicity and unfaircompetition law.
You cannot dodge endorsementrules by swapping the artist for
a sound alike.
When the whole point is to evokethat person, damages were
awarded, including punitivedamages.
Artemisa (13:02):
Which is legal language for do not try this
again.
Now, here is why this casematters for the Super Bowl.
Super Bowl ads are built oncultural shortcuts, familiar
voices, familiar styles,familiar energy.
Brands want instant recognitionwithout explanation.
(13:24):
But this case draws a very clearline.
You can be inspired by a vibe.
Leticia AI (13:28):
You cannot impersonate a person.
Artemisa (13:30):
In football terms, you can study the quarterback's
playbook.
You cannot wear his jersey andpretend to be him.
Leticia AI (13:38):
And that is why Super Bowl ads do not just clear
music rights or logo rights,they clear voices, personas,
styles, and endorsement risk.
Because on the biggestadvertising stage in the world,
perception is everything.
Artemisa (13:55):
This is not just about what you say in an ad.
It is about what people hear,feel, and assume.
And assumptions are wherelawsuits are born.
If a sound alike can get yousued, what happens when an AI
creates the voice, the style,and the illusion perfectly?
If the beat drops, the licensebetter drop first.
SPEAKER_00 (14:50):
Intangibilia, the podcast of intangible law.
Plain talk about intellectualproperty.
Leticia AI (14:57):
Monster Energy produced a promotional video
built around extreme sportsenergy, fast cuts, and a
rebellious tone.
And to complete the vibe, theyused the Beastie Boys song
Sabotage.
Artemisa (15:13):
Which is a risky move considering the Beastie Boys
were famously clear about onething: their music does not go
in commercials ever.
Leticia AI (15:22):
This was not a gray area band.
Their refusal to license musicfor advertising was well known,
documented, and intentional.
Monster Energy argued that thevideo was promotional content
tied to events and culture, nota traditional commercial.
They also downplayed the ideathat the band was being endorsed
or associated.
Artemisa (15:42):
So basically, this is not an ad ad.
Leticia AI (15:46):
The jury did not buy it.
They found that the use ofsabotage was unauthorized,
commercial, and created amisleading association between
the brand and the band thattriggered both copyright
infringement and falseendorsement.
The result was about$1.7 millionin damages.
Artemisa (16:06):
Which is the legal system saying loud and clear,
vibes still cost money.
Leticia AI (16:12):
And here's why this matters so much.
For the Super Bowl, Super Bowladvertising often spills beyond
the 30-second TV spot.
Brands release teasers, onlinevideos, behind-the-scenes cuts,
social media clips, all designedto ride Super Bowl momentum.
This case makes one thing veryclear: there is no such thing as
Super Bowl adjacent when itcomes to licensing.
(16:34):
If the content promotes yourbrand, it is commercial use.
Artemisa (16:38):
So whether it airs during the game, before the
game, or rides the halftimebuzz, the rules do not change.
Leticia AI (16:44):
Music is not just a soundtrack, it is protected IP.
And when a song does theemotional heavy lifting of your
campaign, it needs a license.
Artemisa (16:54):
You can talk about the game, just not sell the
illusion.
Leticia AI (16:58):
To understand ambush marketing at the Super Bowl, we
actually have to leave footballfor a moment and go to a
marathon.
The Boston Athletic Associationorganizes the Boston Marathon.
It is one of the most famoussporting events in the world.
And uh, like the Super Bowl, itis surrounded by merchandise,
(17:18):
sponsorships, and officialbranding.
A vendor started sellingt-shirts that said Boston
Marathon, not counterfeit logos,not fake sponsorship badges,
just the words.
Artemisa (17:33):
So not a knockoff jersey, more like a souvenir you
grab on the way home.
Leticia AI (17:38):
The organizers sued, arguing that the use of the
event name infringed theirtrademark and suggested official
sponsorship.
The vendor responded by sayingsomething very simple.
These words describe a realevent.
People understand these shirtsas expressive souvenirs, not
official merchandise.
Artemisa (17:56):
Basically, I am talking about the race, not
pretending to run it.
Leticia AI (18:01):
The court agreed with the vendor.
It ruled that this wasdescriptive and expressive use,
not trademark infringement,because consumers were unlikely
to be confused aboutsponsorship, and this ruling
became a cornerstone for howcourts think about event names
and public discourse.
Artemisa (18:18):
Which brings us straight back to the Super Bowl.
Leticia AI (18:21):
This case explains why journalists, artists,
commentators, and even fans cansay Super Bowl when they are
talking about the event.
But it also explains why brandsget into trouble when they try
to use the same words to sellproducts in a way that feels
official.
Artemisa (18:40):
Talking about the game is fine.
Selling the illusion that youare part of the game is not.
Leticia AI (18:46):
That line between expression and promotion is the
legal boundary that ambushmarketing dances around every
year during Super Bowl season.
Artemisa (18:55):
And when brands cross it, the referees are not on the
field.
They are in court.
Leticia AI (19:01):
Now that we've laid down the foundation with Boston
Athletic Association versusSullivan, where the court
allowed descriptive use of anevent name, let's tie that legal
logic to what happens at theSuper Bowl today.
Ambush marketing does not meanbreaking the law.
It means finding clever ways tobe everywhere around the game
(19:21):
without being an officialsponsor, and doing so in ways
that don't imply that the NFLbacks you.
That's the distinction courtscare about.
For example, in past SuperBowls, you've seen brands lean
into the buzz without paying theNFL's huge sponsorship fees.
Artemisa (19:40):
Like when a beer brand puts up a huge billboard near
the stadium celebrating oursuper parties without ever
saying Super Bowl directly onit.
Or when a campaign launches ahashtag contest during other
people's ads so that everyone istalking about your brand while
the game is on, without steppinginto official sponsorship
territory.
(20:01):
Even social media has become abattleground.
Orio famously tweeted, you canstill dunk in the dark during a
Super Bowl power outage.
That was not an official gamead, but it captured the moment
instantly and widely.
Leticia AI (20:16):
Another interesting example comes from brands like
Newcastle Brown Ale, which oncecreated a crowdfunded big
game-related campaign and teasedcontent about Super Bowl ads
without paying for a broadcastslot.
That kind of stunned capitalizeson shared attention around the
event while staying on the rightside of trademark enforcement.
(20:40):
These kinds of strategies showthat the legal line drawn in
Boston Athletic Associationversus Sullivan.
Between expressive reference andimplied sponsorship, no really
matters in the if a promotionjust talks about fans, parties,
food, or experiences around theSuper Bowl and not official
sponsorship that can be lawful.
Artemisa (21:02):
So the old legal line still works in the modern era.
You can talk about the game.
You just cannot sell theillusion that you own the game.
The cleanest game is the onewith no flags.
Leticia AI (21:14):
And finally, we get to the happiest case of all, the
one that never shows up in courtfilings, the Super Bowl halftime
show.
Think about the scale for asecond.
A stage assembled in minutes.
A global broadcast watched byhundreds of millions.
Multiple songs, liveperformances, choreography,
(21:34):
visuals, fashion, and branding.
All happening in a 15-minutewindow that cannot fail.
And yet, there are no majorhalftime lawsuits.
Artemisa (21:45):
Which is kind of incredible when you think about
it.
Leticia AI (21:48):
It is incredible, and it is not luck.
It is planning.
Before a single note is played,an entire legal orchestra is
already in sync.
Every song is cleared, everycomposition licensed, public
performance rights handled,arrangements approved, visual
elements vetted, contractsnegotiated with artists,
producers, sponsors, andbroadcasters.
Artemisa (22:11):
So while we are watching fireworks, someone has
already triple checked thepaperwork.
Leticia AI (22:29):
And scale demands precision.
Artemisa (22:31):
Which is why the biggest stage on earth does not
trip over rights issues.
Leticia AI (22:35):
And that is the real lesson.
IP law is often framed as abreak, something that stops
creativity.
But the halftime show proves theopposite.
When rights are respected andstructured early, creativity
gets to fly without fear.
Artemisa (22:51):
No takedowns, no injunctions, no awkward
apologies the next morning.
Just music, memory, and momentsthat define generations.
Leticia AI (23:01):
So when we say the halftime show has no lawsuits,
what we really mean is this.
The system worked.
All right, let's bring it homeand take a knee because there is
a lot we can carry out of thisstadium.
Takeaway one, ownership is onlythe kickoff.
Distribution wins championships.
Artemisa (23:21):
If you remember one thing from tonight, let it be
this.
Leticia AI (23:38):
You can have the ball, but if you cannot move it
down the field, the game isover.
Takeaway two.
Trademarks protect trust, notjust words.
Super Bowl is not protectedbecause it sounds cool.
It is protected because itsignals sponsorship, quality,
and origin.
When trademarks are enforced,the goal is to prevent
(24:00):
confusion, not to ruin anyone'sparty.
Artemisa (24:03):
You can still bring chips to the party.
Just do not put the NFL logo onthe bag.
Takeaway three.
Creativity thrives insideboundaries.
Ambush marketing, parody,commentary, and clever
workarounds exist because legallines exist.
The big game did not happen byaccident.
(24:23):
It happened because law nudgedcreativity to get smarter.
Leticia AI (24:27):
Restrictions are just puzzles in shoulder pads.
Takeaway four, endorsement isabout perception, not
disclaimers.
If an ad feels like a celebrityendorsement, the law may treat
it like one.
Voice, style, music, and vibecan all trigger legal
consequences, especially on astage as big as the Super Bowl.
Artemisa (24:47):
If it sounds like the quarterback, looks like the
quarterback, and sells chips,you might owe the quarterback
takeaway five.
The best IP strategy is the onenobody notices.
Leticia AI (24:57):
The halftime show has no lawsuits, not because it
is small, but because it isplanned.
Licensing contracts andclearances are invisible when
they work.
That is not boring, that isexcellence.
Artemisa (25:09):
The cleanest game is the one with no flags.
Leticia AI (25:12):
That is it for today's episode of Intangibilia.
If this episode made you see theSuper Bowl a little differently,
then our work here is done.
Artemisa (25:20):
Next time you watch the game, remember every pass,
every ad, every note in thehalftime show is backed by a
legal playbook as thick as therulebook.
Leticia AI (25:31):
Thank you for listening, for sharing, and for
staying curious about theinvisible structures that make
creativity possible.
Artemisa (25:39):
Protect your ideas like it is forth and goal.
Leticia AI (25:42):
And we will see you next time on Intangibilia.
SPEAKER_00 (25:46):
Thank you for listening to Intangibilia, the
podcast of Intangible Law.
Plain talk about intellectualproperty.
Did you like what we talkedtoday?
Please share with your network.
Do you want to learn more aboutintellectual property?
Subscribe now on your favoritepodcast player.
Follow Wells on Instagram,Facebook, LinkedIn, and Twitter.
(26:07):
Visit our websitewww.intangibilia.com.
Copyright Leticia Caminero 2020.
All rights reserved.
This podcast is provided forinformation purposes only.
Welcome to the greatest show off the field and
behind the scenes, the SuperBowl.
Where tentacles meet topology,and halftime becomes the real
headline act.
We are talking about a stadiumfilled with touchdowns and a
stage filled with culturalmegawatt stars that eclipse the
scoreboard.
Like this year's Super Bowl 60halftime show led by Bad Bunny,
(00:25):
the first solo Spanish languagehalftime headliner, joined by
Lady Gungal and Ricky Martin ina fusion of reggaeton, salsa,
and global rhythm that made theworld stop and dance for 15
unforgettable minutes.
From Michael Jackson, Prince andBeyonce to Kendrick Lamar and
Rihanna, these halftimespectacles are not halftime
(00:45):
anymore.
They are full-time culture.
They are chart-topping events,not just songs.
They are reasoned millionsgetting other round screens, not
just for the game, but for theshimbo within the shimmel.
But while the lights flash andthe confetti remains, there's a
quantum powerhouse running inthe background, intellectual
property, rights, trade, marks,bromochemis, licenses, contracts
(01:08):
with artists, all thoseinvisible referees making sure
everything you love about SuperBowl Sunday actually goes on
without a legal flag.
On this episode, we are goinginto the legal playbook behind
the spectacle that even BadBunny's halftime stage could not
steal.
SPEAKER_00 (01:29):
You are listening to Intangibilia, the podcast of
Intangible Law.
Plain tug about intellectualproperty.
Please welcome your host,Leticia Caminero.
Leticia AI (01:39):
Welcome to Intangibilia.
I'm Leticia Caminero, the AIversion.
Artemisa (01:43):
And I'm Artemisa, your sideline full-on AI co-host with
an extra dose of sparkle andpun.
Leticia AI (01:50):
This episode is not about the referee calls, it's
about the copyright calls,trademark calls, and licensing
calls that are part of everySuper Bowl, every kickoff, and
every explosive halftime beat.
Artemisa (02:03):
Because while the quarterbacks run the ball behind
the scenes, lawyers catch passesworth billions.
Leticia AI (02:08):
We'll take you from the gridiron to the studio, from
broadcast rights to big gamewordplay, from domain feints to
enforcement blitzes.
Think of today as IP meets MVP.
Artemisa (02:21):
Greater than any Hail Mary, more dramatic than any
wardrobe change at halftime.
We are now set on the biggeststage in entertainment.
Leticia AI (02:31):
Before kick off, a quick note
prepared with AI support forresearch assistance, then
curated and reviewed by me forclarity, accuracy, and
storytelling.
This is educational andconversational, not legal
advice.
Artemisa (02:47):
Meaning we're here to explain the rules that make the
show possible, not to give you acontract on the spot.
Leticia AI (02:57):
So buckle up for an IP journey through the Super
Bowl where the intangible powersthe unforgettable.
Artemisa (03:03):
Broadcast rights are the real halftime show.
Leticia AI (03:06):
Let's kick off with a classic.
Late 90s, satellite disheseverywhere.
Borders suddenly feel veryflexible.
Primetime 24 had a clever idea.
Capture NFL games in the UnitedStates, beam them up to a
satellite, and send themstraight into Canadian living
rooms.
No NFL permission, no licensingdeal, just vibes and technology.
Artemisa (03:32):
So basically, what if copyright law stops at customs?
Leticia AI (03:36):
Primetime argue that the real performance happened in
Canada because that is whereviewers actually watch the game.
And since Canadian viewers wereinvolved, US copyright law
should stay politely on its sideof the border.
Artemisa (03:51):
That argument has big I am technically outside the end
zone energy.
Leticia AI (03:56):
The NFL disagreed.
They said, hold on.
Copyright law cares abouttransmission if you transmit a
broadcast to the public, eventhrough satellites and app
links, that is still a publicperformance under U.S.
law.
Artemisa (04:09):
Translation, you cannot pass the ball through
space and pretend the play neverhappened.
Leticia AI (04:14):
The court sided with the NFL.
They said this was a publicperformance, full stop,
injunction issued, damagesfollowed.
Artemisa (04:23):
And that is why today broadcast rights are treated
like the crown jewels, becausedistribution is the business
model.
Leticia AI (04:30):
The internet is the parking lot of the stadium.
Now let's move from satellitesto domain names.
Around 2009, someone registereda whole collection of websites
using NFL and Super Bowl in thedomain names.
Add a few betting terms,sprinkle in some logos, and
redirect traffic to gamblingsites.
Artemisa (04:52):
So fake jerseys, but make it digital.
Leticia AI (04:55):
The NFL went to WIPO under the UDRP system.
Their argument was simple andvery strong.
First, confusing similarity.
The domains literally used NFLand Super Bowl.
Artemisa (05:09):
Second, no legitimate interest.
The sites were not informationalor fan-based.
They were monetizing confusion.
Third, bad faith.
This was a pattern, not anaccident.
That is the legal equivalent ofwearing a referee shirt to sell
hot dogs.
Leticia AI (05:27):
The case went to the WIPO Arbitration and Mediation
Center.
The domains were transferred tothe NFL.
Artemisa (05:35):
Moral of the story: the internet may feel like free
parking, but the tow truck isalways nearby.
Protecting the game on and offthe field.
Leticia AI (05:43):
Now a case that is not pure IP, but absolutely part
of the Super Bowl ecosystem.
Delaware wanted to expandstate-sponsored sports betting.
The leagues, including the NFL,sued under a federal law called
PASPA.
Artemisa (05:59):
Because nothing says Super Bowl like betting slips
and legal briefs.
Leticia AI (06:03):
The leagues argued that PASPA only allowed very
narrow betting formats, andDelaware was going way beyond
that.
Delaware said, we have donebetting before, so we should be
allowed to do more now.
Artemisa (06:16):
That is a bold, trust us defense.
Leticia AI (06:18):
The court sided mostly with the leagues.
Delaware was limited tomulti-game NFL parlays only, no
single-game betting, noexpansion buffet.
Artemisa (06:28):
So the message was you can play, but only the version
you are already playing.
Leticia AI (06:33):
This case shows how leagues protect the commercial
perimeter around big events likethe Super Bowl, even when the
issue is not a trademark or acopyright.
Artemisa (06:44):
Even tickets are governance.
Leticia AI (06:46):
Super Bowl 48.
Fans were not happy.
They claimed the NFL withheldtoo many tickets from the
general public, pushing pricesinto the resale stratosphere.
Artemisa (06:58):
So the lawsuit was basically, I love football, but
my wallet says otherwise.
(07:19):
Ah, yes, the procedural tacklefrom behind.
Leticia AI (07:22):
The court agreed with the NFL case dismissed on
standing grounds.
Artemisa (07:28):
Lesson learned, even your seat is part of a carefully
engineered legal system.
The workaround fights back.
Leticia AI (07:35):
This one is my favorite for vibes.
Everyone started calling theSuper Bowl the big game to avoid
trademark issues.
The NFL noticed and thoughtmaybe we trademarked that too.
Artemisa (07:47):
That is the boldest reverse UNO card I have ever
seen.
Leticia AI (07:50):
They filed applications and immediately ran
into resistance.
Stanford and UC Berkeley said,excuse us, we have been calling
our rivalry game the big gamefor over a century.
Others argued the phrase wasdescriptive, widely used, and
not something one entity shouldown.
Artemisa (08:10):
So the workaround lawyered up.
Leticia AI (08:12):
The NFL eventually withdrew the applications,
saying they were broader thanintended.
Artemisa (08:18):
Translation, sometimes even the league fumbles.
The pregame show for IPenforcement.
Leticia AI (08:25):
Okay, let's zoom out for a second and look at what
happens before kickoff, not onthe field, but online.
Artemisa (08:31):
Because Super Bowl week is not just peak viewing
season, it is peak piracyseason.
Leticia AI (08:37):
Every year, as the Super Bowl approaches, the
internet fills up with websitespromising free Super Bowl
streams, watch the game live, orselling Super Bowl merch that
looks official but absolutely isnot.
Artemisa (08:51):
If it says official jersey for$30 and ships from a
mystery warehouse, you alreadyknow.
Leticia AI (08:57):
Exactly.
And in 2012, the US governmentdecided to tackle that problem
head on through something calledOperation in Our Sites.
Artemisa (09:08):
This was a coordinated enforcement action led by U.S.
authorities, working withleagues like the NFL to identify
websites that were eitherstreaming NFL games without
permission or sellingcounterfeit NFL merchandise at
scale.
So not a random takedown.
This was a full blitz.
Leticia AI (09:28):
Yes.
Authorities didn't just sendwarning emails, they seized the
domain names themselves.
Hundreds of websites were takenoffline, sometimes overnight,
right before the Super Bowl.
Artemisa (09:47):
Nothing kills a pirate stream faster than a federal
badge on the home page.
Leticia AI (09:53):
In at least one case, operators were not just
shut down, they were criminallycharged for copyright
infringement tied to illegalstreaming operations.
Artemisa (10:02):
So this wasn't only about civil lawsuits.
This was about saying this kindof activity crosses into
criminal territory.
Translation (10:11):
this is not just breaking the rules, this is
leaving the stadium inhandcuffs.
Leticia AI (10:17):
And here is why this matters for the Super Bowl
story.
The Super Bowl is one of themost valuable broadcasts in the
world.
Broadcasters pay enormous sumsfor the right to show it.
Advertisers pay millions forseconds of airtime.
Brands rely on consumer trustthat what they are buying is
real.
Piracy and counterfeits undercutall of that at once.
Artemisa (10:40):
Illegal streams steal viewers.
Fake merch steals money.
And confused fans lose trust.
Leticia AI (10:47):
Exactly.
Operation in our sites showsthat IP enforcement is not
abstract, it is operational,timed, strategic.
The enforcement happens beforethe game so that on Super Bowl
Sunday, the legal version of theevent dominates the screen.
Artemisa (11:02):
So while fans are prepping nachos, wings, and
halftime playlists, enforcementteams are prepping takedowns,
seizures, and court filings.
Leticia AI (11:11):
That is why we call this the pregame show for IP
enforcement.
Artemisa (11:15):
Because piracy loves big events.
And enforcement loves shuttingit down before kickoff.
You cannot impersonate thequarterback.
Leticia AI (11:24):
Now let's step into the world of Super Bowl
advertising, where 30 secondscan cost millions, and every
creative choice is made under amicroscope.
Back in the early 90s, Frito Laywanted a certain sound for
Doritos commercial.
Not a song.
Not a celebrity appearance.
(11:45):
A sound.
Specifically the gravellyunmistakable voice of singer Tom
Waits.
And but there was a problem.
Tom Waits was famous forrefusing to do commercials
publicly, repeatedly.
Artemisa (11:56):
So the brand said, Fine, we will not hire him.
We will just hire someone whosounds exactly like him.
Bold strategy.
Leticia AI (12:05):
The ad aired, no name, no credit, no Tom Waits
song, just a voice that any fanwould immediately recognize, and
that is where the legal issuebegins.
Tom Waits sued, arguing that hisvoice was not just a sound, it
was part of his identity.
By using a deliberate imitation,the ad created the impression
(12:30):
that he had endorsed Doritos,even though he never would have.
Artemisa (12:34):
So the defense was basically, we did not say it was
him.
And the court said, yes, buteveryone thought it was.
Leticia AI (12:43):
The court agreed with weights.
It ruled that a distinctivevoice can be protected under the
right of publicity and unfaircompetition law.
You cannot dodge endorsementrules by swapping the artist for
a sound alike.
When the whole point is to evokethat person, damages were
awarded, including punitivedamages.
Artemisa (13:02):
Which is legal language for do not try this
again.
Now, here is why this casematters for the Super Bowl.
Super Bowl ads are built oncultural shortcuts, familiar
voices, familiar styles,familiar energy.
Brands want instant recognitionwithout explanation.
(13:24):
But this case draws a very clearline.
You can be inspired by a vibe.
Leticia AI (13:28):
You cannot impersonate a person.
Artemisa (13:30):
In football terms, you can study the quarterback's
playbook.
You cannot wear his jersey andpretend to be him.
Leticia AI (13:38):
And that is why Super Bowl ads do not just clear
music rights or logo rights,they clear voices, personas,
styles, and endorsement risk.
Because on the biggestadvertising stage in the world,
perception is everything.
Artemisa (13:55):
This is not just about what you say in an ad.
It is about what people hear,feel, and assume.
And assumptions are wherelawsuits are born.
If a sound alike can get yousued, what happens when an AI
creates the voice, the style,and the illusion perfectly?
If the beat drops, the licensebetter drop first.
SPEAKER_00 (14:50):
Intangibilia, the podcast of intangible law.
Plain talk about intellectualproperty.
Leticia AI (14:57):
Monster Energy produced a promotional video
built around extreme sportsenergy, fast cuts, and a
rebellious tone.
And to complete the vibe, theyused the Beastie Boys song
Sabotage.
Artemisa (15:13):
Which is a risky move considering the Beastie Boys
were famously clear about onething: their music does not go
in commercials ever.
Leticia AI (15:22):
This was not a gray area band.
Their refusal to license musicfor advertising was well known,
documented, and intentional.
Monster Energy argued that thevideo was promotional content
tied to events and culture, nota traditional commercial.
They also downplayed the ideathat the band was being endorsed
or associated.
Artemisa (15:42):
So basically, this is not an ad ad.
Leticia AI (15:46):
The jury did not buy it.
They found that the use ofsabotage was unauthorized,
commercial, and created amisleading association between
the brand and the band thattriggered both copyright
infringement and falseendorsement.
The result was about$1.7 millionin damages.
Artemisa (16:06):
Which is the legal system saying loud and clear,
vibes still cost money.
Leticia AI (16:12):
And here's why this matters so much.
For the Super Bowl, Super Bowladvertising often spills beyond
the 30-second TV spot.
Brands release teasers, onlinevideos, behind-the-scenes cuts,
social media clips, all designedto ride Super Bowl momentum.
This case makes one thing veryclear: there is no such thing as
Super Bowl adjacent when itcomes to licensing.
(16:34):
If the content promotes yourbrand, it is commercial use.
Artemisa (16:38):
So whether it airs during the game, before the
game, or rides the halftimebuzz, the rules do not change.
Leticia AI (16:44):
Music is not just a soundtrack, it is protected IP.
And when a song does theemotional heavy lifting of your
campaign, it needs a license.
Artemisa (16:54):
You can talk about the game, just not sell the
illusion.
Leticia AI (16:58):
To understand ambush marketing at the Super Bowl, we
actually have to leave footballfor a moment and go to a
marathon.
The Boston Athletic Associationorganizes the Boston Marathon.
It is one of the most famoussporting events in the world.
And uh, like the Super Bowl, itis surrounded by merchandise,
(17:18):
sponsorships, and officialbranding.
A vendor started sellingt-shirts that said Boston
Marathon, not counterfeit logos,not fake sponsorship badges,
just the words.
Artemisa (17:33):
So not a knockoff jersey, more like a souvenir you
grab on the way home.
Leticia AI (17:38):
The organizers sued, arguing that the use of the
event name infringed theirtrademark and suggested official
sponsorship.
The vendor responded by sayingsomething very simple.
These words describe a realevent.
People understand these shirtsas expressive souvenirs, not
official merchandise.
Artemisa (17:56):
Basically, I am talking about the race, not
pretending to run it.
Leticia AI (18:01):
The court agreed with the vendor.
It ruled that this wasdescriptive and expressive use,
not trademark infringement,because consumers were unlikely
to be confused aboutsponsorship, and this ruling
became a cornerstone for howcourts think about event names
and public discourse.
Artemisa (18:18):
Which brings us straight back to the Super Bowl.
Leticia AI (18:21):
This case explains why journalists, artists,
commentators, and even fans cansay Super Bowl when they are
talking about the event.
But it also explains why brandsget into trouble when they try
to use the same words to sellproducts in a way that feels
official.
Artemisa (18:40):
Talking about the game is fine.
Selling the illusion that youare part of the game is not.
Leticia AI (18:46):
That line between expression and promotion is the
legal boundary that ambushmarketing dances around every
year during Super Bowl season.
Artemisa (18:55):
And when brands cross it, the referees are not on the
field.
They are in court.
Leticia AI (19:01):
Now that we've laid down the foundation with Boston
Athletic Association versusSullivan, where the court
allowed descriptive use of anevent name, let's tie that legal
logic to what happens at theSuper Bowl today.
Ambush marketing does not meanbreaking the law.
It means finding clever ways tobe everywhere around the game
(19:21):
without being an officialsponsor, and doing so in ways
that don't imply that the NFLbacks you.
That's the distinction courtscare about.
For example, in past SuperBowls, you've seen brands lean
into the buzz without paying theNFL's huge sponsorship fees.
Artemisa (19:40):
Like when a beer brand puts up a huge billboard near
the stadium celebrating oursuper parties without ever
saying Super Bowl directly onit.
Or when a campaign launches ahashtag contest during other
people's ads so that everyone istalking about your brand while
the game is on, without steppinginto official sponsorship
territory.
(20:01):
Even social media has become abattleground.
Orio famously tweeted, you canstill dunk in the dark during a
Super Bowl power outage.
That was not an official gamead, but it captured the moment
instantly and widely.
Leticia AI (20:16):
Another interesting example comes from brands like
Newcastle Brown Ale, which oncecreated a crowdfunded big
game-related campaign and teasedcontent about Super Bowl ads
without paying for a broadcastslot.
That kind of stunned capitalizeson shared attention around the
event while staying on the rightside of trademark enforcement.
(20:40):
These kinds of strategies showthat the legal line drawn in
Boston Athletic Associationversus Sullivan.
Between expressive reference andimplied sponsorship, no really
matters in the if a promotionjust talks about fans, parties,
food, or experiences around theSuper Bowl and not official
sponsorship that can be lawful.
Artemisa (21:02):
So the old legal line still works in the modern era.
You can talk about the game.
You just cannot sell theillusion that you own the game.
The cleanest game is the onewith no flags.
Leticia AI (21:14):
And finally, we get to the happiest case of all, the
one that never shows up in courtfilings, the Super Bowl halftime
show.
Think about the scale for asecond.
A stage assembled in minutes.
A global broadcast watched byhundreds of millions.
Multiple songs, liveperformances, choreography,
(21:34):
visuals, fashion, and branding.
All happening in a 15-minutewindow that cannot fail.
And yet, there are no majorhalftime lawsuits.
Artemisa (21:45):
Which is kind of incredible when you think about
it.
Leticia AI (21:48):
It is incredible, and it is not luck.
It is planning.
Before a single note is played,an entire legal orchestra is
already in sync.
Every song is cleared, everycomposition licensed, public
performance rights handled,arrangements approved, visual
elements vetted, contractsnegotiated with artists,
producers, sponsors, andbroadcasters.
Artemisa (22:11):
So while we are watching fireworks, someone has
already triple checked thepaperwork.
Leticia AI (22:29):
And scale demands precision.
Artemisa (22:31):
Which is why the biggest stage on earth does not
trip over rights issues.
Leticia AI (22:35):
And that is the real lesson.
IP law is often framed as abreak, something that stops
creativity.
But the halftime show proves theopposite.
When rights are respected andstructured early, creativity
gets to fly without fear.
Artemisa (22:51):
No takedowns, no injunctions, no awkward
apologies the next morning.
Just music, memory, and momentsthat define generations.
Leticia AI (23:01):
So when we say the halftime show has no lawsuits,
what we really mean is this.
The system worked.
All right, let's bring it homeand take a knee because there is
a lot we can carry out of thisstadium.
Takeaway one, ownership is onlythe kickoff.
Distribution wins championships.
Artemisa (23:21):
If you remember one thing from tonight, let it be
this.
Leticia AI (23:38):
You can have the ball, but if you cannot move it
down the field, the game isover.
Takeaway two.
Trademarks protect trust, notjust words.
Super Bowl is not protectedbecause it sounds cool.
It is protected because itsignals sponsorship, quality,
and origin.
When trademarks are enforced,the goal is to prevent
(24:00):
confusion, not to ruin anyone'sparty.
Artemisa (24:03):
You can still bring chips to the party.
Just do not put the NFL logo onthe bag.
Takeaway three.
Creativity thrives insideboundaries.
Ambush marketing, parody,commentary, and clever
workarounds exist because legallines exist.
The big game did not happen byaccident.
(24:23):
It happened because law nudgedcreativity to get smarter.
Leticia AI (24:27):
Restrictions are just puzzles in shoulder pads.
Takeaway four, endorsement isabout perception, not
disclaimers.
If an ad feels like a celebrityendorsement, the law may treat
it like one.
Voice, style, music, and vibecan all trigger legal
consequences, especially on astage as big as the Super Bowl.
Artemisa (24:47):
If it sounds like the quarterback, looks like the
quarterback, and sells chips,you might owe the quarterback
takeaway five.
The best IP strategy is the onenobody notices.
Leticia AI (24:57):
The halftime show has no lawsuits, not because it
is small, but because it isplanned.
Licensing contracts andclearances are invisible when
they work.
That is not boring, that isexcellence.
Artemisa (25:09):
The cleanest game is the one with no flags.
Leticia AI (25:12):
That is it for today's episode of Intangibilia.
If this episode made you see theSuper Bowl a little differently,
then our work here is done.
Artemisa (25:20):
Next time you watch the game, remember every pass,
every ad, every note in thehalftime show is backed by a
legal playbook as thick as therulebook.
Leticia AI (25:31):
Thank you for listening, for sharing, and for
staying curious about theinvisible structures that make
creativity possible.
Artemisa (25:39):
Protect your ideas like it is forth and goal.
Leticia AI (25:42):
And we will see you next time on Intangibilia.
SPEAKER_00 (25:46):
Thank you for listening to Intangibilia, the
podcast of Intangible Law.
Plain talk about intellectualproperty.
Did you like what we talkedtoday?
Please share with your network.
Do you want to learn more aboutintellectual property?
Subscribe now on your favoritepodcast player.
Follow Wells on Instagram,Facebook, LinkedIn, and Twitter.
(26:07):
Visit our websitewww.intangibilia.com.
Copyright Leticia Caminero 2020.
All rights reserved.
This podcast is provided forinformation purposes only.
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