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Texas A&M to sue Seahawks over 12th man???

GrizBiz

GrizBiz

Well-known member
Has anyone else heard this? Texas A&M trademarked the "12th man" in 1992 and is threatening to sue the Seahawks for use of the "12th man" flag at their home games.

Any lawyers in the house? While A&M has been using the "12th man" since 1922, they didn't trademark it until 1992. The Seahawks retired the number 12 in 1984 in appreciation for the "12th man" crowds in the Kingdome. Does A&M have any realitic chance of winning a lawsuit against the Seahawks?
 
If your lawyers are worth a damn they may be able to win. I don't really see the big deal with it all. I am not a Seahawks fan so whenever I hear 12th Man I always think of the Aggies.
 
After talking to some folks that understand the intellectual property law, I don't believe that A&M has much of a leg to stand on. They will have to prove that the Seahawks have profited by marketing the specific phrase "12th man". Since they haven't sold any shirts or jerseys with that specific phrase, they should be ok. One lawyer told me that it's similar to the situation with Trump trademarking the phrase "you're fired". The trademark doesn't stop anyone from using the phrase, it just stops someone from profiting from it by selling t-shirts, etc.

The Seahawks will probably have to stop using the phrase "12th man" in any official promo and ads but that will likely be the extent of things. I think that they may have used the phrase in a radio spot and, if so, that will have to stop.
 
GrizBiz said:
After talking to some folks that understand the intellectual property law, I don't believe that A&M has much of a leg to stand on. They will have to prove that the Seahawks have profited by marketing the specific phrase "12th man". Since they haven't sold any shirts or jerseys with that specific phrase, they should be ok. One lawyer told me that it's similar to the situation with Trump trademarking the phrase "you're fired". The trademark doesn't stop anyone from using the phrase, it just stops someone from profiting from it by selling t-shirts, etc.

The Seahawks will probably have to stop using the phrase "12th man" in any official promo and ads but that will likely be the extent of things. I think that they may have used the phrase in a radio spot and, if so, that will have to stop.
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The Seahawks do sell a 12th Man jersey, and im proud to say I have one
 
Noew it will just be called the "Number 12 Jersey" or it will be a collectable worth something in 50 years as long as you don't spill too many beers on it.
 
GRIZFAN20 said:
The Seahawks do sell a 12th Man jersey, and im proud to say I have one
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I haven't seen it, but my understanding is that it's just a #12 jersey, right? Does it actually say "12th man" on the jersey? Unless it specifically says "12th man", it doesn't violate the trademark.

No way in hell A&M can trademark the #12 but it wouldn't surprise me if some Texan thinks he can.
 
GrizBiz said:
GRIZFAN20 said:
The Seahawks do sell a 12th Man jersey, and im proud to say I have one
Click to expand...



I haven't seen it, but my understanding is that it's just a #12 jersey, right? Does it actually say "12th man" on the jersey? Unless it specifically says "12th man", it doesn't violate the trademark.

No way in hell A&M can trademark the #12 but it wouldn't surprise me if some Texan thinks he can.
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Thats true. Its has the #12 on it and FAN as the name on the back. No where on the jersey does it say 12th Man
 
I am going to trademark the word "Whoopi" and then sue Whoopi Goldberg.


There are 2 benchmarks in trademark (not copyright) law:

1. Likelihood of confusion
2. Vigorous enforcement

No one is going to confuse the Aggie 12th Man with the Seahawks 12th Man. Different level of competition (pro v. college), different history, different meaning, different color. In addition, Aggie has not vigorously enforced this. At least, I don't consider waiting 22 years to make a move vigorous enforcement. A&M needs to STFU pronto.
 
UMclassof2002 said:
I am going to trademark the word "Whoopi" and then sue Whoopi Goldberg.
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I'm thinking about trademarking the phrase "Eat sh*$ Grizzlies, go cats go" and then suing MSU. Should be good for an injunction at least, right?
 
Didn't Calipari and the Mariners have a little complaint about each other with the "Refuse To Lose" slogan? I'm sure his stint in the NBA made most forget about it.
 
Rumor has it that Texas A&M is now preparing to sue the officiating crew of Super Bowl XL for violation of the "12th Man" trademark.
 
GrizBiz said:
Rumor has it that Texas A&M is now preparing to sue the officiating crew of Super Bowl XL for violation of the "12th Man" trademark.
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Somehow I missed this, but that was pretty damn funny Biz. This post didn't get the credit it deserved!
 
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