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Businesses Stay Clear of Using Super Bowl Name

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So as not to infringe on the NFL Super Bowl name trademark, all non-rights holders have to use different wording to promote any Super Bowl activity like this Whole Foods grocery store where diners enjoy a meal near promotional signs for "the big game" Wednesday, Jan. 28, 2015, in Phoenix. (AP Photo/Ross D. Franklin)

So as not to infringe on the NFL Super Bowl name trademark, all non-rights holders have to use different wording to promote any Super Bowl activity like this Whole Foods grocery store where diners enjoy a meal near promotional signs for “the big game” Wednesday, Jan. 28, 2015, in Phoenix. (AP Photo/Ross D. Franklin)

TERRY TANG, Associated Press

PHOENIX (AP) — It is the game that must not be named — at least not without permission.

For most people, the game Sunday between the New England Patriots and Seattle Seahawks is the Super Bowl. But for many business owners, it’s simply the “big game” or “game day.”

Radio hosts are tripping over their tongues and airport signs are carefully worded to keep from referring to it as the Super Bowl, a trademarked name the NFL strictly polices. Mom-and-pop shops and large companies hoping to cash in on the game — but also don’t want to run afoul of league lawyers — have found ways to color inside the lines.

Tyler Ellis, whose Coney Island Grill is located within the downtown Super Bowl Central village, is selling souvenir tie-dye shirts. The garments say “Coney Island 2015” as well as “the big game.” The $15 shirts come in pink, red, blue and green.

Fortunately, the restaurant owner was fully aware of the league’s reputation for coming down on trademark infringers.

“I’m just an NFL follower. You can’t even YouTube their videos. They’re just strict with their licensing,” Ellis said.

Grocery chain Whole Foods has avoided using “Super Bowl” on in-store signs and social media. The Facebook page for the central Phoenix location offers recipe ideas for “your Big Game party.”

Signs at American Airlines ticket counters in Phoenix Sky Harbor International Airport greet travelers with “Welcome to the big game.” American Airlines spokesman Casey Norton said though it is the official airline for the Arizona Super Bowl Host Committee, the company isn’t an NFL partner.

“Like any brand, we work to protect our valuable intellectual property and the rights we extend to our partners,” NFL spokesman Brian McCarthy said.

What constitutes a violation is determined on a case-by case basis, McCarthy said. For example, a restaurant writing up a Super Bowl menu on a chalkboard wouldn’t be an issue. And according to trademark law, a fair use exception allows for news organizations to use the Super Bowl moniker.

McCarthy said if a potential infringement is discovered, the league will notify the party involved. If nothing changes, then a cease-and-desist letter follows. McCarthy declined to discuss how many companies have received letters in recent months.

One of the participants in the Super Bowl is not a stranger to trademark disputes. Texas A&M University has long held the trademark for the term “12th Man,” the nickname for the Seahawks’ large and vocal fan base. The Seahawks and university reached a settlement in 2006 that allows the team to use some versions of the phrase.

And the NFL is not the only sports organization to be vigilant about its brand. Congress has created protections for the U.S. Olympic Committee so it has exclusive rights to use “Olympics” and the interlocking rings logo. International soccer governing body FIFA is requiring countries that host the World Cup to create special rights in their constitutions to protect advertisers, said Jeff Greenbaum, a New York-based advertising lawyer with the firm Frankfurt Kurnit.

Roger N. Behle Jr., an intellectual property lawyer with the firm Foley Bezek Behle & Curtis, said the NFL’s monitoring is about maximizing revenue.

“They do have a right to police it. They spent a lot of money to build the brand up, make it profitable and not have any Tom, Dick and Harry use the marks,” said Behle, who has worked on licensing deals with the NFL and other major sports leagues.

Greenbaum said the NFL’s enforcement is also about protecting its sponsors. The league creates “official” beers, chips, sodas and other items, which can give a business a distinct advantage over its competitors.

“The strategy that they’re employing is to create enough concern among marketers that they’re afraid to even get close to the line,” Greenbaum said.

___

Associated Press writer Anthony McCartney contributed to this report from Los Angeles.

___

Follow Terry Tang on Twitter at https://www.twitter.com/ttangAP

 

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Business

Newsom Signs Addictive Social Media Law to Protect Kids

Newsom said California’s approach focuses on the features that can encourage excessive social media use rather than taking the broader step of banning teenagers from the platforms altogether. He contrasted the measure with restrictions adopted in Australia and Malaysia that prevent teenagers from accessing social media or creating accounts.

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Gov. Gavin Newsom has signed a new California law targeting addictive social media features that can keep children scrolling, giving the state new authority to restrict how platforms engage young users.

AB 1709, authored by Assemblymember Josh Lowenthal (D-Long Beach) prohibits social media companies from giving children under 16 access to personalized feeds, including “For You” pages, as well as other features designed to maximize screen time, such as infinite scrolling and video autoplay.

The law does not prevent children under 16 from using social media. Instead, platforms must deactivate the covered features for those users.

“This is about actually addressing the problem, the scrolling, the algorithms,” Newsom said Sept. 10 during a bill-signing event in the San Francisco Bay Area.

Newsom said California’s approach focuses on the features that can encourage excessive social media use rather than taking the broader step of banning teenagers from the platforms altogether. He contrasted the measure with restrictions adopted in Australia and Malaysia that prevent teenagers from accessing social media or creating accounts. 

The law comes amid growing concerns about the impact of social media on children’s mental health and well-being. California lawmakers have increasingly focused on the design and business practices of technology platforms as part of efforts to protect young users.

AB 1709 is one of 13 youth online safety and privacy laws Newsom signed Sept.10. The package also includes measures regulating AI chatbots, increasing potential penalties for technology companies and establishing additional protections for children using digital services.

Lowenthal said the new rules represent a shift toward greater accountability for technology companies.

“We want oversight. We want accountability. We’re done asking nicely, and we’re demanding that there is a duty of care across these platforms — a duty that puts the wellness of our children ahead of profits,” Lowenthal said.

The law builds on California’s broader effort to regulate children’s online experiences. A separate law, AB 1043, will require users to provide their birth dates when setting up new phones or laptops beginning in January, with device manufacturers required to share users’ ages with apps.

Some youth online safety advocates have supported AB 1709 as a more targeted alternative to outright social media bans. Others have warned that the restrictions could make it harder for some LGBTQ+ young people to find support online and questioned how effectively age requirements can be enforced.

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Black History

Passing for White, Fighting for Black America: The Courage of Walter White

White personally investigated 41 lynchings and eight race riots. On several occasions, his identity was discovered, forcing him to flee for his life. The evidence he collected helped the NAACP expose the brutality of lynching to Americans and strengthen its campaign for federal anti-lynching legislation. His experiences also influenced his 1929 book, “Rope and Faggot: A Biography of Judge Lynch.”

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Walter White. Public domain image.

Walter Francis White was one of the most important civil rights leaders of the first half of the 20th century. For more than three decades, he helped transform the National Association for the Advancement of Colored People (NAACP) into one of the nation’s most powerful organizations fighting racial discrimination, segregation, and violence against African Americans.

Walter White was born in Atlanta, Georgia, in 1893 and grew up in a middle-class African American family. His parents, George and Madeline White, had been born into slavery. Although Walter had blond hair, blue eyes, very light skin and could easily have passed as white, he firmly identified as Black. As a teenager, he witnessed the Atlanta Race Massacre of 1906, when white mobs attacked African Americans throughout the city. The experience strengthened his determination to fight racial hatred and injustice.

After graduating from Atlanta University in 1916, White worked in insurance and became active in the Atlanta branch of the NAACP. His abilities caught the attention of NAACP leader James Weldon Johnson, who recruited him to the organization’s national staff in 1918.

He soon became known for his extraordinarily dangerous investigations of lynchings. Because many white Southerners assumed he was white, he was able to enter communities where Black investigators would have faced immediate danger. He spoke with witnesses, law enforcement officials, and even members of lynch mobs, often pretending to share their racial attitudes so they would reveal information.

White personally investigated 41 lynchings and eight race riots. On several occasions, his identity was discovered, forcing him to flee for his life. The evidence he collected helped the NAACP expose the brutality of lynching to Americans and strengthen its campaign for federal anti-lynching legislation. His experiences also influenced his 1929 book, “Rope and Faggot: A Biography of Judge Lynch.”

By the early 1930s, Walter had risen to the NAACP’s top administrative position. As executive secretary, he helped build the organization into a major national political and legal force. Under his leadership, the NAACP challenged discrimination in voting, employment, education, transportation, the military, and other areas of American life.

White also recruited attorney Charles Hamilton Houston to lead the NAACP’s legal strategy. Houston and his protégé, Thurgood Marshall, developed the courtroom campaign that eventually helped produce the Supreme Court’s historic 1954 decision in Brown v. Board of Education, declaring racial segregation in public schools unconstitutional.

White used his relationships with national political leaders as another weapon against discrimination. He worked with First Lady Eleanor Roosevelt, President Franklin D. Roosevelt, and President Harry S. Truman. He supported efforts to end employment discrimination and encouraged Truman to establish the President’s Committee on Civil Rights.

Walter White remained an NAACP leader until his death in 1955. His courage, political skill, investigative work, and relentless commitment to equality helped establish the foundation upon which the modern Civil Rights Movement would build.

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Art

Event Preview: ‘Fashion v. Fascism’ – A Runway Revolution Is Coming to the Bay Area

“Every piece on this runway translates what is happening under fascism into a feeling,” explains Erica Furlong, the FVF creative director. “One designer’s trench coat is covered in pockets stamped ‘TRUTH,’ ‘MEMORY,’ ‘HOPE,’ ‘VOTE,’ ‘FUTURE,’ because that’s literally what gets seized first, pocket by pocket, under fascist decline. Fashion can hold grief and hope in the same silhouette, and that tension is exactly what this moment needs.”

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Designer Rickie Lee. Courtesy image.

“Fashion vs. Fascism” (FVF) is a visually immersive evening of fashion, music and political theater exposing the rise of fascism in the U.S. and the need to resist. Democracy is under siege, and culture is one of our most potent defenses, organizers say.

Called a live “runway revolution,” FvF premieres Oct. 3 at The Rotunda, 300 Frank Ogawa Plaza in downtown Oakland.

A play that is part fashion show, part protest, part performance art, FvF stages five runway collections spotlighting the pillars of contemporary fascist politics and the urgent need to resist: the myth of a “glorious past,” the manufactured emergencies used to justify surveillance and crackdowns, and the oligarchs and grifters profiting from it all. Runway fashion shares the stage with political theater and live music, with a closing call to action.

“We need lawsuits, ballots and mass protests, but none of it lands if we’re not also fighting for people’s imagination,” says Linda Burnham, co-producer of the show. “People are exhausted and scared. FvF will expose the absurdities of fascist mythology and ideology in ways a news headline cannot and spark new ideas about how to resist.”

“Fascism doesn’t win by policy alone. It wins by telling a story. A myth about a ‘Golden Age.’ A permanent emergency that makes cruelty seem necessary. That’s not an accident, it’s a strategy, and it works on the same terrain as culture: image, spectacle, emotion,” says Aya De León, the show’s playwright.

“Every piece on this runway translates what is happening under fascism into a feeling,” explains Erica Furlong, the FVF creative director. “One designer’s trench coat is covered in pockets stamped ‘TRUTH,’ ‘MEMORY,’ ‘HOPE,’ ‘VOTE,’ ‘FUTURE,’ because that’s literally what gets seized first, pocket by pocket, under fascist decline. Fashion can hold grief and hope in the same silhouette, and that tension is exactly what this moment needs.”

At its best, fashion is about creativity, diversity, innovation, experimentation and the free exchange of ideas. Fascism, by contrast, demands conformity and control, while suppressing dissent.

FVF was created, organizers say, because democracy should always be in style.

Featured designers include Erica Varize, Rickie Lee, Tianna Charity, Julie Wong, and Maria Flores. The evening features a script by lead playwright Aya De León, musical performances by Mindeullae Project and DJ Emancipation, and other special guests.

FvF is designed to travel. Following the Oakland premiere, FvF will extend its reach through a documentary short, a curriculum on contemporary fascism in the U.S., and a full replication playbook — design templates, script, and curriculum — so organizers in other cities can stage their own version of the show.

Get more details at www.fashionvfascism.org.

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