Mentioning "Super Bowl" in LitE Stories?

[MrPixel]

It's that weekend.

Not that I want to - not a fan - but since the very phrase "Super Bowl" makes a lot of lawyers rich in its defense, has anybody used it in a story here? It's protected like a Disney property, so I am guessing that it's probably a no-go zone.

Just curious.

 

[Bramblethorn]

945 stories.

https://search.literotica.com/?query="Super Bowl"

 

[lovecraft68]

I haven't in the past, I've referenced "That Pat's Game" in a couple of stories because they all take place here in RI.

I no longer follow football and would never mention the Super Bowl because an organization that treats rape and domestic violence along with other crimes committed by its players like a joke doesn't need my support or any attention I could give it.

This year two NFL players killed people drunk driving. Last year around this time a coaches son drove drunk went off the road hit a care in the breakdown lane and left a little girl permanently brain damaged

And pled not guilty. Not a dime to the go fund me set up for the little girl from his rich family, the team or the league.

You can support that kind of filth for your own entertainment, I won't, and I'd been watching since 1978, but stopped some time ago. But I see all the headlines about the latest criminal incidents nothing is ever done about.

 

[windar]

While technically possible, I honestly don't see the NFL suing over a story on a free porn site. So they didn't over the first 945, but I guess they could over 946...

 

[lovecraft68]

While technically possible, I honestly don't see the NFL suing over a story on a free porn site. So they didn't over the first 945, but I guess they could over 946...

They might, they're the greediest most litigious mother fuckers next to Gene Simmons

 

[SimonDoom]

There's no such thing as a proprietary, exclusive right in the use of the term "Super Bowl" in a story, in the sense of your story mentioning that the Super Bowl is happening or that your characters have sex while watching the Super Bowl. That doesn't infringe anybody's intellectual property in any way, shape, or form. You only run into trouble if you use the term in a way that suggests that your story is affiliated with or endorsed by the people who own the rights to and operate the Super Bowl.

If you want to write a story about people having sex during the Super Bowl, go for it.

 

[Bramblethorn]

Not sure what law they'd be suing under. This doesn't seem like something that would be covered by trademark law.

 

[MrPixel]

... I no longer follow football and would never mention the Super Bowl because an organization that treats rape and domestic violence along with other crimes committed by its players like a joke doesn't need my support or any attention I could give it. ...

... They might, they're the greediest most litigious mother fuckers next to Gene Simmons.

Oh, I totally agree with these sentiments. The SB was intended from the onset to be one big commercial interspersed with 15-second clips of a contrived "athletic contest". I don't side with the predetermined-outcome conspiracists, but I follow just enough of it to wonder sometimes.

"945"? I should've searched. It's just that it's been implied that Disney lawyers scrape content here and that Lauren and Manu shutdown stories going anywhere near Disney IP, and was curious if this extended to the SB. There have been other discussions about using real product names - story I'm working on has "Jacuzzi" in a couple of spots - and whether doing so might or might not cause trouble.

EDIT: I have a sibling who is a pretty high-powered IP litigator, the distinction being that most "patent attorneys" never see a courtroom. So I'm maybe a little more attuned to the issue than the guy on the street.

 

[windar]

Oh, I totally agree with these sentiments. The SB was intended from the onset to be one big commercial interspersed with 15-second clips of a contrived "athletic contest". I don't side with the predetermined-outcome conspiracists, but I follow just enough of it to wonder sometimes.

"945"? I should've searched. It's just that it's been implied that Disney lawyers scrape content here and that Lauren and Manu shutdown stories going anywhere near Disney IP, and was curious if this extended to the SB. There have been other discussions about using real product names - story I'm working on has "Jacuzzi" in a couple of spots - and whether doing so might or might not cause trouble.

EDIT: I have a sibling who is a pretty high-powered IP litigator, the distinction being that most "patent attorneys" never see a courtroom. So I'm maybe a little more attuned to the issue than the guy on the street.

I would happily place a bet that if you took any 10 best-selling novels there would be a brand name in at least 8. Cars, beers, clothing, all of those add to the sense of a character. And those books are sold for profit. The idea of suing a site where people post stories for free is pretty far-fetched.

I agree with Simon; the only issue would be if you implied that you were affiliated with the brand.

I spent a good bit of my career dealing with patents, though I am not an attorney. The first step is always a cease and desist letter telling you to remove the reference. If you do, that ends the matter...Much like the copyright violations that pop-up with people stealing stories from here and putting them on Amazon. You tell Amazon, they take it down and cancel the violator's account-end of story.

 

[KeithD]

The term is free game.

 

[MrPixel]

The term is free game.

"Free game"? Can't be. Have you priced tickets?

 

[KeithD]

"Free game"? Can't be. Have you priced tickets?

Talk is cheap. That's basically what a story would be.

 

[Bramblethorn]

"945"? I should've searched. It's just that it's been implied that Disney lawyers scrape content here and that Lauren and Manu shutdown stories going anywhere near Disney IP

There have been reports on a ban on "Disney" content, but I've never heard that Disney's lawyers had actually been seen here. I always got the impression it was just L&M trying to avoid trouble before it started.

It's not clear just what that rule actually covers here. It doesn't seem to be all Disney IP. There is a ton of Avengers fanfic on the site, for instance.

I was going to tell you that the ban appears to be specifically for Disney's animated children's movies - given that the other two properties on the banned list are Harry Potter and Simpsons, the intent seems to be to stay away from stuff that's seen as "for kids", presumably because of the risk of being seen as a pedo-friendly site.

...but then, while fact-checking myself, I found this profile for an account named "D3str0y3r0fChildh00d" whose main gig seems to be posting non-con fanfic of Disney children's movies like Moana, Brave, Mulan, etc.

So now I am very confused. Either my understanding of Literotica's content policies has been badly wrong, or some very blatant content violations have gotten past moderation. I've PMed Laurel to ask if she can shed some light on what the policy actually is.

 

[TadOverdon]

Oh, I totally agree with these sentiments. The SB was intended from the onset to be one big commercial interspersed with 15-second clips of a contrived "athletic contest". I don't side with the predetermined-outcome conspiracists, but I follow just enough of it to wonder sometimes.

"945"? I should've searched. It's just that it's been implied that Disney lawyers scrape content here and that Lauren and Manu shutdown stories going anywhere near Disney IP, and was curious if this extended to the SB. There have been other discussions about using real product names - story I'm working on has "Jacuzzi" in a couple of spots - and whether doing so might or might not cause trouble.

EDIT: I have a sibling who is a pretty high-powered IP litigator, the distinction being that most "patent attorneys" never see a courtroom. So I'm maybe a little more attuned to the issue than the guy on the street.

If I didn't mention "Jacuzzi" my word count would probably be halved.

 

[windar]

There have been reports on a ban on "Disney" content, but I've never heard that Disney's lawyers had actually been seen here. I always got the impression it was just L&M trying to avoid trouble before it started.

It's not clear just what that rule actually covers here. It doesn't seem to be all Disney IP. There is a ton of Avengers fanfic on the site, for instance.

I was going to tell you that the ban appears to be specifically for Disney's animated children's movies - given that the other two properties on the banned list are Harry Potter and Simpsons, the intent seems to be to stay away from stuff that's seen as "for kids", presumably because of the risk of being seen as a pedo-friendly site.

...but then, while fact-checking myself, I found this profile for an account named "D3str0y3r0fChildh00d" whose main gig seems to be posting non-con fanfic of Disney children's movies like Moana, Brave, Mulan, etc.

So now I am very confused. Either my understanding of Literotica's content policies has been badly wrong, or some very blatant content violations have gotten past moderation. I've PMed Laurel to ask if she can shed some light on what the policy actually is.

I looked at the Moana story. Moana is a real Hawai'ian name. There is nothing in the story that would clearly say that the Disney character is the one represented or that the character is underage. Now you may be correct that it was the author's intent that the reader assume that, but I see nothing in it that would violate any rule.

 

[Bramblethorn]

I looked at the Moana story. Moana is a real Hawai'ian name. There is nothing in the story that would clearly say that the Disney character is the one represented

Oh come on now. The similarities are blatant. A girl named Moana who lives on an island, who feels a voice inside her calling to the sea - something her father opposes but her grandmother supports - and who attracts the attention of a friendly voiceless water elemental.

Are you going to to argue that the same author's story about an evil vizier named Jafar targeting a Princess Jasmine in the city of Agrabah has nothing to do with Disney's Aladdin? And similarly for the ones with a sinister Dr. Facilier menacing Tiana, and with Claude Frollo menacing Esmerelda? And Mulan and Merida? This seems like a huge and implausible coincidence.

or that the character is underage. Now you may be correct that it was the author's intent that the reader assume that, but I see nothing in it that would violate any rule.

Moana is 16. Not sure if that age is explicitly stated within the film, but it's mentioned in promotional material, and that's the age of her voice actress.

Literotica's published rules ban depicting sex with people under 18, and they ban "ageing-up" characters who are children throughout their source material, as Moana is.

 

[windar]

Oh come on now. The similarities are blatant. A girl named Moana who lives on an island, who feels a voice inside her calling to the sea - something her father opposes but her grandmother supports - and who attracts the attention of a friendly voiceless water elemental.

Are you going to to argue that the same author's story about an evil vizier named Jafar targeting a Princess Jasmine in the city of Agrabah has nothing to do with Disney's Aladdin? And similarly for the ones with a sinister Dr. Facilier menacing Tiana, and with Claude Frollo menacing Esmerelda? And Mulan and Merida? This seems like a huge and implausible coincidence.



Moana is 16. Not sure if that age is explicitly stated within the film, but it's mentioned in promotional material, and that's the age of her voice actress.

Literotica's published rules ban depicting sex with people under 18, and they ban "ageing-up" characters who are children throughout their source material, as Moana is.

Let's stop pretending then, OK. Someone recently said that there are around 175 stories posted/day. I don't know the average length, but if it's 5K words that makes 875,000 words every single day 365 days a year. Even if it's 3K words, that's around 500,000 words/day. And one person supposedly screens them. Yes, with some help from algorithms which we all know have serious limitations (just look at Facebook, or better yet, don't). In 20 years, this person has never had a vacation, a family wedding, a sick day. Christmas, Thanksgiving, the stories go up.

The math doesn't add up. I have no doubt that there are many, many thousands of stories here that violate one rule or another, some inadvertently because the rules are scattered about, some deliberately. The process is a mess.

Anyway, who is harmed by this story? I can't say I enjoyed reading it, but I didn't feel assaulted by it. Just another mediocre, boring story. Leave it alone...

 

[Bramblethorn]

Let's stop pretending then, OK. Someone recently said that there are around 175 stories posted/day.

Maybe in busy periods, but that doesn't sound right as a long-term average.

There are about 500,000 stories on this site, and they've been posting for about 22 years. That makes approximately (500,000)/(365*22) = 62 stories per day, over the lifetime of the site.

I don't know the average length, but if it's 5K words that makes 875,000 words every single day 365 days a year. Even if it's 3K words, that's around 500,000 words/day. And one person supposedly screens them.

At 62 stories x 5k words, more like 300k words per day. Fair bit of work but it's quite doable for a fast reader who's skimming rather than reading closely.

In 20 years, this person has never had a vacation, a family wedding, a sick day.

How would we know?

The delay between posting and submission on this site leaves plenty of room for a moderator to build themselves up a buffer of several days worth of stories, queued to post on schedule, to cover short absences.

Anyway, who is harmed by this story? I can't say I enjoyed reading it, but I didn't feel assaulted by it. Just another mediocre, boring story. Leave it alone...

If the published policies are anything to go by, the site owners believe they could be harmed by stories of this kind. There are some obvious scenarios that they might be concerned about.

Would they be right in that? Maybe. I suspect they've spent longer thinking about those issues and are more aware of possible threats than you or I. And it's their site, so they get to make that call. I'm just trying to clarify what their position actually is.

 

[Handley_Page]

It's that weekend.

Not that I want to - not a fan - but since the very phrase "Super Bowl" makes a lot of lawyers rich in its defense, has anybody used it in a story here? It's protected like a Disney property, so I am guessing that it's probably a no-go zone.

Just curious.

Is there something very special about the name ?
Given that there are a great many readers in what might be regarded as "foreign parts", where NFL is not quite so highly regarded, why should "Super Bowl" not be used anywhere in a different context ?
That said, I'd rather not read of a 'Cup Final' anywhere other than Wembley. . . . .

 

[Kumquatqueen]

I did wonder if discussion of the pejorative term 'Disney Dad' might be rejected, but the story has been up 10 days now (Valentine's) and no lawyers have contacted me yet.

 

[MrPixel]

Is there something very special about the name ?
...

Yes. It is an aggressively enforced trademark. The NFL makes billions on image and name licensing.

It's quite noticeable this time of year as advertisers of completely unrelated products - pizza, TVs, furniture, petrol, whatever - do this really juvenile dance with euphemisms like "the big game" or "Sunday's event" trying to reference the event as a calendar datum, like a holiday. It's like somebody trademarked "Christmas" and everybody suddenly had to use "the Christian observance in late December" to refer to it.

I recall from a while back that there are even restrictions on its use by the legitimate press.

I understand a certain amount of their concern because they don't want their trademarked name to fall into populist, generic use like "Coke", "Kleenex" and "Xerox", among others. But the intensity of the enforcement comes off as petty megacorporation bullying.

 

[windar]

If the published policies are anything to go by, the site owners believe they could be harmed by stories of this kind. There are some obvious scenarios that they might be concerned about.

Would they be right in that? Maybe. I suspect they've spent longer thinking about those issues and are more aware of possible threats than you or I. And it's their site, so they get to make that call. I'm just trying to clarify what their position actually is.

That's their problem. They can hire screeners. If after 20 years they don't generate enough revenue to do that, I just shake my head. The reality is that the rules are very inconsistently enforced. Frankly, Scarlett, I don't give a damn...

 

[SimonDoom]

This is just NOT something to worry about. Really, it's not.

It's one thing if you advertise a product and put a brand name on the product, because that might imply that your product is connected with or approved by that brand name, and confuse consumers. Avoiding consumer confusion is the whole point of trademark law.

That's why Wheaties is very careful about what it puts on its cereal boxes. When it puts Olympic athletes on its boxes, you'll notice it never uses the word "Olympics."

But none of this has anything to do with Literotica stories. You are perfectly free to have your kinky characters have sex at Disneyland, or spill Coke on their partner's naked body, or use K-Y Gel during sex, or flash somebody at White Castle. None of those uses of the brand names pose any risk of consumer confusion. Brand owners can't stop you from using their names in ways like this. Go for it and don't worry.

If the Site owners have a policy against this, that's a different matter. I don't know if they might restrict certain uses of brand names like Disney. But you don't have to worry about Disney coming after you because you mention the name in a Literotica story. That is not going to happen.

 

[vanmyers86]

In honor of this thread, someone should write a story titled "Super Bowl Super Blow" just to see what happens!

 

[Bramblethorn]

But none of this has anything to do with Literotica stories. You are perfectly free to have your kinky characters have sex at Disneyland, or spill Coke on their partner's naked body, or use K-Y Gel during sex, or flash somebody at White Castle. None of those uses of the brand names pose any risk of consumer confusion. Brand owners can't stop you from using their names in ways like this. Go for it and don't worry.

Yep. Anything that might be seen as trying to trade on somebody else's brand is problematic, and disparaging that brand might be too - if you wrote that Coke gave them cancer, that might attract unwelcome attention. But trademark-wise, there's no issue I'm aware of with acknowledging that such products exist.

FWIW, I got some clarification from Laurel on those stories - they should not have been approved, but slipped past moderation. (She mentioned how that happened, but I'm not going to repeat it here, in case it gives anybody ideas.)