Super Bowl LIX will be jam packed with historic milestones, crazy plays, and celebrity girlfriends. While fans focus on game-winning plays and who the camera is panning to, a different kind of battle is unfolding behind the scenes. Surprisingly, this battle is trademarks. Over the past two weeks the NFL and both teams have been busy either protecting, filing, or licensing trademarks. From viral plays to iconic phrases, intellectual property has become a huge part of football.

It all started in 1969 where the NFL was granted a trademark registration for the phrase “SUPER BOWL.” Since then, the NFL has made a conscious effort to protect the mark. To do so, the NFL sends cease-and-desist letters to alleged infringers, where no company or organization is safe. Famously, in 2007, the NFL sent a cease-and-desist letter to an Indiana church group for advertising a “Super Bowl” viewing party charging a $3.00 entry fee to cover snacks. The NFL may seem unreasonable for going after such tiny organizations, but they have no choice but to defend their trademark. The trademark owner must actively protect their mark or else the mark would be abandoned. This would mean they have given up their rights to the trademark by ceasing to use it without any intention of resuming use, potentially allowing others to use the mark freely.  To avoid cease and desist letters many companies say, “The Big Game,” “Football’s Favorite Day,” and “The Big Matchup” to infer the Super Bowl and not to infringe on the Super Bowl trademark.

A company is allowed to use the phrase “Super Bowl” in their ads when they have a license agreement. A license agreement is a legal contract that gives one party the right to use another party's intellectual property (trademark) or physical property. Through all these agreements the NFL makes a massive amount of money. To keep the license agreements, the NFL must defend their trademarks. If they do not defend their trademarks, then they will diminish in value. This strict enforcement ensures that only official partners and sponsors can capitalize on the name, reinforcing the exclusivity and prestige of Super Bowl-related marketing. The NFL’s trademark enforcement isn’t just about legal compliance, it’s a core part of their business strategy, ensuring the Super Bowl remains one of the most commercially valuable sporting events in the world.

Conversely, Philadelphia’s dominance on the field has been powered by their controversial yet effective “Tush Push” play where a quarterback sneak has become nearly unstoppable. The team took things a step further in December 2023 by filing a trademark application for “Tush Push.”

If registered, the Eagles will own the right to use the phrase on apparel, ensuring no competitors profit from the viral name. This move isn’t just about protecting a phrase; it’s about turning on-field success into off-field business ventures. By receiving a trademark registration for their signature play, the Eagles are proving they are just as strategic off the field as they are on it.

On the other sideline, the Kansas City Chiefs are on the verge of trademark history. If they secure a third consecutive championship, they will officially achieve a "Three-Peat” which no NFL team has done in the Super Bowl era.  However, the NFL and Chiefs can’t freely market the term because it doesn’t belong to them.

Pat Riley, the legendary NBA coach, received a trademark registration for “Three-Peat” back in 1988 when he was coaching the Lakers. Since then, he has earned royalties by licensing the phrase for championships across multiple sports. Anticipating the Chiefs' potential three-peat, the NFL struck a licensing deal with Riley to use the term on official NFL merchandise. This highlights how trademarks aren’t just short-term plays, they can hold value for decades, especially when tied to historic sports moments.

Even established stars recognize the power of trademarks. Saquon Barkley, one of only nine players in NFL history to rush for 2,000 yards in a season, capitalized on this milestone by filing a trademark for “2K SA.” Meanwhile, rookie Quinyon Mitchell, after a regular season with no interceptions, made headlines with two clutch picks in the playoffs and followed up by filing for the trademark “Quinyonamo Bay.” Philadelphia Eagles center Cam Jurgens also joined the trademark movement, filing for ‘JURGY’ just days before the Super Bowl to protect his line of beef jerky and related merchandise. Jurgens originally launched the business during his time at the University of Nebraska as an NIL venture, and now he's ensuring his brand grows on the national stage. These filings demonstrate how players at all stages of their careers are seizing key moments to build their personal brands and extend their influence off the field.

The Super Bowl isn’t just about touchdowns, highlight plays, and championship moments, it’s also about trademarks, branding, and business moves that extend far beyond the field. As the final whistle blows, and one team lifts the Lombardi Trophy the smartest organizations and athletes are leveraging their intellectual property to secure their legacies long after the season ends.

Chris D'Avanzo is a graduate of the Maurice A. Dean School of Law at Hofstra University. He may be found on Twitter at @_chrisdavanzo.