This weekend, the Philadelphia Eagles will face off against the Kansas City Chiefs in Super Bowl LIX, marking the first major North American sporting event of 2025. But the Super Bowl is about more than just football; it`s also one of the biggest advertising events of the year, during which marketers pull out some of their most creative—and most expensive—campaigns. As we gear up for game day, it’s the perfect time to revisit key advertising lessons from the Paris 2024 Olympics.

In our Going for (Marketing) Gold: Advertising Law in the Summer of Sport series, we explored how brands navigated the unique challenges and opportunities of marketing in the context of major sporting events such as the Olympic Games. And while we won’t see the Games again until 2026 (counting the days until Milano Cortina 2026!), the rules and principles we discussed in that series extend far beyond the Olympics, offering critical insights for any brand looking to use a major sporting event—such as the Super Bowl—as the backdrop against which they advertise their products.

Playing by the rules: Don’t mess with other people’s brands

We get it—everyone wants to get in on the fun of major sporting events like the Super Bowl or the Olympics. But trying to piggyback on the popularity of these events can be a dangerous game.

Notably, using names, logos or slogans owned by someone else—such as the organizer of the event at issue—can land an advertiser in hot water.

Last summer, in our article Leave your own mark: Use of Olympics-protected brands in advertising, we discussed how the International Olympic Committee (the “IOC”) owns and has discretion to license elements of the Olympic brand such as the Olympic symbol, the mascots, the term “Olympics(s)”, etc. The IOC is well known for strictly enforcing its intellectual property rights, such that anyone who uses its terms or logos in their advertising without permission may be on the receiving end of legal action.

The National Football League (the “NFL”) also actively protects its intellectual property rights. Accordingly, anyone wanting to use the term “Super Bowl” or similar references in their advertising without permission may want to think twice. This includes, for example, businesses looking to capitalize on the big game to hold Super Bowl contests, Super Bowl viewing parties, etc.

Putting a championship ring on it: Ambush marketing and the Games

Beyond intellectual property rights strictly speaking, major sporting events are frequent targets for ambush marketing, which is when a party tries to advertise its products or services by implying an association with an event when no such association exists.

When executed properly, ambush marketing can be a clever technique allowing a brand to capitalize on a major sporting event. That said, it does come with many risks. One such danger is that the practice risks upsetting official event sponsors, who may have paid significant fees for exclusive promotional rights at or in association with the event.

Running material in which an advertiser associates itself with an event for whom it is not an official sponsor may upset both the actual sponsor, whose exclusivity rights could be violated, and the event organizer, who could see the value of sponsorship in their event diminished by the practice. Without careful attention to the campaign before it is lost, ambush marketing can implicate the intellectual property rights of the event, giving them a path to challenge the advertising. 

We address more of the risks and considerations of this practice in our article Ambush marketing and major sporting events.

Sitting on a gold mine: athlete sponsorships or endorsements

Sponsoring athletes is common practice for brands, and it’s an added bonus when those athletes make it to a major event that generates a lot of buzz.  From Olympians to professionals playing in the NFL, NBA, or another league, athletes are often great spokespersons and meaningful symbols to which brands want to be associated.

However, brands who sign athletes to spokesperson or endorsement deals must keep a few things in mind.

When it comes to Olympians, especially strict rules apply. In our article Rule 40 playbook: Guidelines on social media posting for Team Canada athlete sponsors, we discussed how brands sponsoring athletes who represent Canada in the Olympic Games face major constraints in what they can say publicly about their athlete’s participation in the Games, or the congratulatory comments they can post online if their athlete wins a medal.

When it comes to football players, endorsement deals are common. Athletes playing in the various professional sporting leagues are also not subject to Rule 40, which is specific to Team Canada athletes competing in the Olympic Games. That said, the general rules discussed above will remain applicable. Notably, sponsors should ensure that they are not publicly using their athlete’s team or league name, logo, etc. without permission of the league or team—not only the athlete.

Beyond the podium: Year-round sports advertising insights

Major sporting events offer countless marketing opportunities for brands—provided they follow the rules. While the specifics may vary, the principles of sports advertising extend well beyond these high-profile occasions.

Brands that apply these lessons beyond the Summer of (Marketing) Gold can position themselves for success year-round. After all, sports—and the regulations that govern their advertising—never take a season off!

If you have questions about your advertising efforts or navigating regulations associated with international (or domestic!) sporting events, reach out to a member of our Advertising & Product Regulatory Group.