Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 26, Issue 2
Share on Social
Playing Defense Against Fake Super Bowl Merchandise
By Lily Barash
The 2026 Super Bowl features a quarterback matchup few fans saw coming: Drake Maye (New England Patriots) versus Sam Darnold (Seattle Seahawks). Even the most sophisticated football fanatics didn’t have this matchup on their Super Bowl LX bingo card.
As millions prepare for Sunday’s big game, buffalo sauce flies from grocery store shelves at record speed. Game-day food: secured. Next up? Super Bowl spirit wear. When it comes to Super Bowl fashion, jerseys are always in, but only the kind that are authentic and officially licensed. Before kickoff, many counterfeit products never make it past the referees- thanks to federal agents throwing the flag on fake merchandise.
Since 2013, Operation Team Player has been playing defense against counterfeit sports gear. The annual initiative led by the National Intellectual Property Rights Coordination Center (IPR Center) in partnership with Homeland Security Investigations (HSI), Custom and Border Protection (CBP) and major sports leagues, including the National Football League (NFL)- combats the sale of counterfeit sports merchandise. In the weeks leading up to the Super Bowl, Operation Team Player escalates its enforcement efforts by monitoring e-commerce platforms, intercepting counterfeit goods at the border and educating consumers about the danger of counterfeit goods.
The results speak for themselves. Ahead of last year’s Super Bowl, hosted in New Orleans, Operation Team Player seized $39.5 million dollars in counterfeit sports merchandise including jerseys, hats, apparel, and other memorabilia. Since its inception, Operation Team Player has seized over $455 million dollars in counterfeit sports merchandise earning the title of the largest anti-counterfeiting initiative in the United States.
It’s the Friday before Super Bowl Sunday, and you are counting on 2-day shipping to deliver your New England Patriots or Seattle Seahawks jersey just in time for kickoff. Before you click add to cart, don’t fumble your game day outfit by buying fake gear. Make sure to shop smart by making informed decisions:
- Seek out authorized retailers and beware of merchandise sold on the street
- Look for red flags: suspiciously low prices, poor quality materials, inaccurate team logos and colors
- Do some digging: look for customer service details and clear return policies
When it comes to Super Bowl merch, playing it safe isn’t boring—it’s how you avoid a costly turnover.
Lily Barash is an associate at Fishman Stewart PLLC. She assists in the protection of clients’ intellectual property rights with a focus on copyright and trademark law.
Related Content from Fishman Stewart
Last week, PEI Licensing, LLC., the owner of the ORIGINAL PENGUIN brand (also known simply as PENGUIN) sued Pudgy Penguins Inc. in federal court in Florida over their respective penguin trademarks.
Matthew McConaughey recently obtained several trademark registrations with the U.S. Trademark Office in an effort to digitally capture and protect his entire persona.
Patents enable others to learn from, build upon, and improve the disclosed invention effectively. However, some have questioned whether they still work in today’s artificial intelligence (AI) landscape.
As athletes chase Olympic glory, the International Olympic Committee (“IOC”) is fighting a different battle, one over public perception and trademark law.
Golf is entering a data driven era, and the 2026 PGA Show showed that the most important IP in the game is shifting.
When it comes to Super Bowl fashion, jerseys are always in, but only the kind that are authentic and officially licensed.
Giving credit to an author is a nice gesture, but not knowing the rules can get you into trouble.
The shift from “owning a thing” to “holding a key” changes everything about how we consume media - and it brings us to a critical showdown in the world of IP.
In recent years, companies have gravitated toward a visual trend: the minimalist logo. While some critics dismiss the trend, the shift toward minimalism is rooted in something else other than fashion.
When the Oakland Athletics announced plans to relocate to Las Vegas in 2028, many fans were excited. But the U.S. Patent and Trademark Office (USPTO) recently threw a curveball by refusing the team’s trademark applications for “Las Vegas Athletics” and “Vegas Athletics.”
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
