A&M SUCKS ASS!

[tlongII]

They copyrighted "The 12th Man." Bastards.

[hussker]

Yeah...I think the SeaHawks should call themselves "THE XII xy". Problem is, most palyers and fans would not be able to figure it out...(Roman Numerals would be fitting though!)

[Aggie Hoopsfan]

I don't think anyone would have a problem with it if Seattle wasn't making a crapload of money off of it.

[tlongII]

I don't think anyone would have a problem with it if Seattle wasn't making a crapload of money off of it.

But they aren't. They sell jerseys with the number 12 and they say "FAN" on the back. That isn't an infringement of the copyright.

[Extra Stout]

A&M does NOT suck ass. They beat ass with axe handles until it has big red welts.

[T-Pain]

i like seattle's use of the 12th man catch because in the aggy tradition, its only 1 guy from the student body, but for seattle, its everyone

[Aggie Hoopsfan]

But they aren't. They sell jerseys with the number 12 and they say "FAN" on the back. That isn't an infringement of the copyright.

Hmm, I have a buddy who works up there who said 12th Man shirts are everywhere up there, including the Seahawks pro shop. Try again.

[Peter]

Because so many folks in the Pacific Northwest will now buy blue and green 12th man gear instead of maroon. Come on.

[word]

They'll lose their case on the stop and desist order. 6th man, 12th man etc....no one owns that.

Aggies are idiots. Nothing more can be said about them.

They prove it decade after decade.

It's a cult, man.

[Kori Ellis]

Hmm, I have a buddy who works up there who said 12th Man shirts are everywhere up there, including the Seahawks pro shop. Try again.

Seahawks have been using the 12th man thing for over 15 years .. so why is A&M just bitching about it now?

Bandwagoners. :lol

[word]

i like seattle's use of the 12th man catch because in the aggy tradition, its only 1 guy from the student body, but for seattle, its everyone
:lol :lol

[tlongII]

Hmm, I have a buddy who works up there who said 12th Man shirts are everywhere up there, including the Seahawks pro shop. Try again.


Your buddy doesn't know what he's talking about.

[Aggie Hoopsfan]

Seahawks have been using the 12th man thing for over 15 years .. so why is A&M just bitching about it now?

Bandwagoners

Actually Kori, from what I understand the reason the subject had never been broached before is because Seattle had treated it as a saying, but not sought to capitalize on revenue from it (they basically called their fans the 12th Man, but that was it).

Now all of a sudden they're raising a flag with 12 on it, selling shirts, etc. It's trademarked, has been for quite some time. Paul Allen of all people should be familiar with the whole copyright thing.

tbong - my buddy bought a shirt for posterity, I think maybe you're the one who doesn't know what he's talking about.

[Aggie Hoopsfan]

Here you go tbong.

http://www.mercurynews.com/mld/dfw/news/local/13754227.htm?source=rss&channel=dfw_local


Texas A&M is suing to stop the Seahawks, a team named for a predatory seafowl, from selling or licensing rally towels, flags and other souvenir kitsch with A&M's trademarked 12th Man.


Bailey has worked in Seattle since 2000. He said the Seahawks' "12th Man" tradition didn't seem similar to A&M's until he saw the towels.

"When I looked out at the first playoff game and saw all the towels,

[Willinsa]

Aggy should be more worried about fielding a winning football team, not worrry about the 12th man. Also remember that the basketball team made tshirts for their NIT games, nuff said about aggy.

So aggys do everyone a favor and :stfu

[tlongII]

Actually Kori, from what I understand the reason the subject had never been broached before is because Seattle had treated it as a saying, but not sought to capitalize on revenue from it (they basically called their fans the 12th Man, but that was it).

Now all of a sudden they're raising a flag with 12 on it, selling shirts, etc. It's trademarked, has been for quite some time. Paul Allen of all people should be familiar with the whole copyright thing.

tbong - my buddy bought a shirt for posterity, I think maybe you're the one who doesn't know what he's talking about.


The Seahawks are not selling any shirts that say "12th Man" on them. I've been to 3 games this season including both playoff games....I know. There might be somebody else up there selling t-shirts with "12th Man" on them, but it ain't the Seahawks.

[tlongII]

Here you go tbong.

http://www.mercurynews.com/mld/dfw/news/local/13754227.htm?source=rss&channel=dfw_local


About the rally towels....

They say "BRING ON THE 12." Not 12th Man. I have one hanging on the wall of my office.

[Kori Ellis]

Actually Kori, from what I understand the reason the subject had never been broached before is because Seattle had treated it as a saying, but not sought to capitalize on revenue from it (they basically called their fans the 12th Man, but that was it).

Now all of a sudden they're raising a flag with 12 on it, selling shirts, etc. It's trademarked, has been for quite some time. Paul Allen of all people should be familiar with the whole copyright thing.

tbong - my buddy bought a shirt for posterity, I think maybe you're the one who doesn't know what he's talking about.

It's a lame ass thing to have a trademark on anyway. People associated with every team in the country use the term 12th Man. Seahawks have been using it since 1984 and A&M trademarked it in the 90's. Seahawks should have sued A&M back then :rolleyes

What exactly is trademarked the phrase all together or a specific logo or what?

Because there's probably t-shirts around the country that say 12th Man on them. We had them at UCLA.

[Kori Ellis]

Now all of a sudden they're raising a flag with 12 on it


About the rally towels....

They say "BRING ON THE 12." Not 12th Man. I have one hanging on the wall of my office.


Aggies think the number 12 is trademarked. :lol

[tlongII]

I just took this picture with my phone...

http://img.photobucket.com/albums/v513/tlongII/ATT1648039.jpg

[Kori Ellis]

Steelers have a 12th Man t-shirt too.

http://i20.ebayimg.com/04/i/05/a0/1d/47_1.JPG

Aggies got a lot of sueing to do.

[timvp]

Next A&M is going to sue TLong for his inappropriate conduct with sheep.

A&M patented that back in the 1920's.

:smokin

[Oh, Gee!!]

A&M does NOT suck ass. They beat ass with axe handles until it has big red welts.

explain

[tlongII]

Next A&M is going to sue TLong for his inappropriate conduct with sheep.

A&M patented that back in the 1920's.

:smokin

A&M patented inappropriate conduct with sheep? Those bastards!

[Obstructed_View]

I'm not sure why you guys would have a problem with someone suing to enforce a legitimate copyright as soon as it goes national. A&M probably didn't see any financial impact by a bad team in the pacific northwest selling stuff for their team. I'd bet someone has the term "baseline bums" copyrighted, and would sue to enforce it. Spurs fans might be annoyed if someone else was using it as their own.

[hussker]

Next A&M is going to sue TLong for his inappropriate conduct with sheep.

A&M patented that back in the 1920's.

:smokin

NAA-AHHH-AHHH-AHHH (hehe)

I do agree it is all very silly indeed...but when an entity has paid for a trademark and stands to lose it, it is a big deal in the corporate world. In this case, the corporate world involves a major university and a HUGE alumni association.

It definitely does not pass the Common Sense test, but it is a legal issue indeed with a lot of interest in College Station. Call that what you will, but that is just how it is. Legalities were never, are never and will never BE common sense.

[hussker]

Next A&M is going to sue TLong for his inappropriate conduct with sheep.

A&M patented that back in the 1920's.

:smokin

NAH-AHHH-AHHH-AHHHH (hehe)

I do agree it is all very silly indeed...but when an entity has paid for a trademark and stands to lose it, it is a big deal in the corporate world. In this case, the corporate world involves a major university and a HUGE alumni association.

It definitely does not pass the Common Sense test, but it is a legal issue indeed with a lot of interest in College Station. Call that what you will, but that is just how it is.

[Aggie Hoopsfan]

What exactly is trademarked the phrase all together or a specific logo or what?

The term 12th Man. I love the cynicism on this thread. Trademarks are there for a reason. What if someone started another web site called thespurstalk.com? Somehow I don't see Kori and LJ letting it slide.

What if I started selling Hook 'Em Horn shirts? You mean to tell me someone down in Austin wouldn't come after me for that?

And just to clear something up, A&M has been trying to get Seattle to knock it off for two years. Seattle has ignored it, and the last straw was the organization's marketing pitch in the playoffs centered around the 12th Man.

This came from A&M today in an email:


To Faculty, Students and Staff:

As a member of the Aggie family, we want you to be as fully informed as possible of the university’s position—and motivation—in taking legal action against the Seattle Seahawks’ infringement upon the University’s 12th Man trademark. Simply put, we believe we have no choice but to protect and defend in every way possible, including legal action, all of our trademarks—and none is more crucial than that of the 12th Man because of all it means to Aggies, those currently enrolled and to more than 275,000 former students. We are not driven in this matter by concerns about any lost revenue in the licensing process; it is simply a matter of principle—ensuring that nothing infringes on the 12th Man concept and its Texas A&M uniqueness.

It is hard for non-Aggies—and the media—to understand the depth of what the 12th Man means to Texas A&M, and, as a result, the institution is receiving some less-than-desirable attention in some quarters—certainly including the Seattle area. We certainly regret that this matter could take away from some of Seattle fans’ focus at this particular time but, and especially considering Sunday’s Super Bowl game and all the surrounding media attention, we must take definitive action at this time to protect our trademark. The timing could have been avoided if the Seattle Seahawks management had responded to our original requests—as did the Chicago Bears, Buffalo Bills and other teams in earlier such situations.

As a means of explaining the institution’s position, we issued the following message to various media outlets Monday night in the hope of clarifying our concerns and giving a status report. We thought it might be beneficial for you to see exactly what was said:

“Texas A&M University certainly has no ill will towards the Seattle Seahawks; in fact we have Aggies on the team and coaching staff and we congratulate them on their splendid season leading up to Sunday’s Super Bowl. However, we have the responsibility and legal obligation to protect the university’s trademarks, which in this instance is the 12th
Man. The 12th Man is one of our most treasured traditions, recognized by most as one of the most compelling in collegiate athletics. We have asked the Seahawks’ management to cease and desist promoting use of the 12th Man trademark. Such letters were submitted in 2004 and 2005 requesting their compliance, but our requests have not been honored. Therefore, we have no other recourse but to take formal legal action, which we initiated today in the 85th District Court of Brazos County. A temporary restraining order that restricts the Seattle Seahawks from usage of the 12th Man trademark was filed today.

“Texas A&M has done everything in its power over the last 2 years to bring quiet closure to this situation. Our hope is that the Seahawks’ organization will recognize our federal trademark.”

Be assured we will keep you informed of any significant new
developments.

Gig ‘em

(signed) Steven B. Moore
Chief Marketing Officer
Vice President for Communications

[Aggie Hoopsfan]

BTW, one of the more ironic things in all this is that Paul Allen is the owner of the Seahawks and a Microsoft exec. Microsoft is one of the companies pushing digital rights management, essentially digitally copyrighting, the hardest in the technology world.

You'd think he'd be a little more responsible with trademark/copyright matters.

[Obstructed_View]

Don't fuck with Aggie tradition. Aggies have more rituals than Rain Man.

[timvp]

From this date forward, we request that the number twelve be referred to as 'twoteen'.

Thanks.



http://communications.tamu.edu/cbe/images/atm-logo.gif

[Peter]

BTW, one of the more ironic things in all this is that Paul Allen is the owner of the Seahawks and a Microsoft exec. Microsoft is one of the companies pushing digital rights management, essentially digitally copyrighting, the hardest in the technology world.

You'd think he'd be a little more responsible with trademark/copyright matters.


No kidding.

PS...not sure if he is still an exec. He was an advisor recently. Anyways, he obviously is where he is today thanks to MSFT and IP protection.

[Peter]

What it boils down to is no matter how absurd it might be, it's the law and if A&M holds the rights, then they are entitled to the protections afforded under the law.

Virtually every university has a slogan or two trademarked and the ones I am familiar with had strict policies on the use of those trademarks by students.

[tlongII]

Hearing to be held Thursday on team's use of "12th Man"
By Benjamin J. Romano

Seattle Times business reporter

A hearing is scheduled for Thursday on Texas A&M University's attempt to stop the Seahawks from using the phrase "12th Man."

The university filed for a temporary restraining order on Monday.

"We have the responsibility and legal obligation to protect the university's trademarks, which in this instance is the 12th Man," Steve Moore, the university's chief marketing officer, said in a statement.

The 12th Man refers to fan support of the 11 players on the field.

At Texas A&M, the tradition of calling fans the 12th Man dates to 1922. The Seahawks retired the No. 12 jersey in 1984 to honor the team's fans. The phrase has been used widely during this year's run to the Super Bowl, though rarely by the team itself.

The university, which trademarked "12th Man" in 1990, sent cease-and-desist letters to the Seahawks in 2004 and 2005, Moore said.

"Our requests have not been honored," he said.

The hearing will be before Judge J.D. Langley in the 85th District Court of Brazos County, Texas, where the university is located. Langley was an undergraduate at Texas A&M, according to a Texas judicial directory.

Margaret Chon, who teaches intellectual property law at Seattle University Law School, said a temporary restraining order is a type of emergency motion.

"It's a pretty extreme move — probably because the game is next week," she said.

If the judge issues the restraining order, and the Seahawks don't seek an emergency appeal, the team could be found in contempt of court and face fines, Chon said.

But this case is particularly complicated. For one thing, she said, it's not clear if the Seahawks are using the trademarked phrase for commercial gain. The team sells jerseys and other items with the No. 12, but doesn't appear to sell items that say "12th Man."

The Seahawks are still reviewing Texas A&M's filing and did not have a comment Tuesday morning, said Suzanne Lavender, director of corporate communications.

[Aggie Hoopsfan]

The team sells jerseys and other items with the No. 12, but doesn't appear to sell items that say "12th Man."

Tbong,

You've got a button in the pic you posted on page one that says "Thanks 12th Man"

http://img.photobucket.com/albums/v513/tlongII/ATT1648039.jpg

Gimme a break. You just owned yourself.

[Kori Ellis]

Umm.. AHF - the Seahawks didn't put out those buttons. They were handed out for free .. and not by the Seahawks. I think that's the point.

[Aggie Hoopsfan]

Kori, he said those were the towels that the Seahawks were distributing, unless I missed something...

[Kori Ellis]

I think he just put his pin on the towel.

I don't think they came together. I see those towels everywhere and they don't have pins on them.

[Obstructed_View]

From this date forward, we request that the number twelve be referred to as 'twoteen'.

Thanks.



http://communications.tamu.edu/cbe/images/atm-logo.gif
That's awesome. :lol

[Willinsa]

Aggy sucks.

[Peter]

Solid contribution.

[bull62400]

Aggy should be more worried about fielding a winning football team, not worrry about the 12th man. Also remember that the basketball team made tshirts for their NIT games, nuff said about aggy.

So aggys do everyone a favor and :stfu
http://www.ebaumsworld.com/forumfun/misc9.jpg

[tlongII]

Tbong,

You've got a button in the pic you posted on page one that says "Thanks 12th Man"

http://img.photobucket.com/albums/v513/tlongII/ATT1648039.jpg

Gimme a break. You just owned yourself.


The buttons are free and did not come with towel. I just put it on there.

[hussker]

The buttons are free and did not come with towel. I just put it on there.

Should have the Trademark sign on it...

[Ginofan]

With the tradition of the 12th Man being so sacred to A&M, it doesn't surprise me the lengths they are willing to go to in order to protect it. If something is copyrighted and you've been told to stop using it illegally why aren't you going to follow protocol? And why is it stupid to have the term "12th Man" copyrighted? It's their term, their tradition, their slogan, their trademark and it has been since the 1920s. You think Coca-Cola or McDonald's would just sit around and do nothing if someone tried using their slogan, trademark, etc, for profit?? Yeah right.

[Kori Ellis]

And why is it stupid to have the term "12th Man" copyrighted?

Because every football team ever assembled has used that term from the beginning of time. It's generic.

They have the right to sue because they own the copyright. It's just funny that they are just getting into it now. Schools across the country have been selling "12th Man" stuff for years and years. And as far as the Seahawks go, I have yet to see that the Seahawks organization is selling anything with "12th Man" on it. They have the "12" towels and flags. And they have the 12/Fan T-shirts. But I haven't seen anything with "12th Man" sold by the Seahawks organization.

[Kori Ellis]

And why is it stupid to have the term "12th Man" copyrighted? It's their term, their tradition, their slogan, their trademark and it has been since the 1920s.

And for the record, they only trademarked it in the 90's.

[hussker]

And for the record, they only trademarked it in the 90's.

Correct! Trademarked in 1990 and 1996. One could argue "COPYRIGHT" in the weaved legal sense (far from common sense) in 1922 since it has been "In Print" in some form since then, but Trademark is a totally different story.

PS: Kori, is Mr Peabody your alter-ego? :)

[hussker]

Because every football team ever assembled has used that term from the beginning of time. It's generic.

They have the right to sue because they own the copyright. It's just funny that they are just getting into it now. Schools across the country have been selling "12th Man" stuff for years and years. And as far as the Seahawks go, I have yet to see that the Seahawks organization is selling anything with "12th Man" on it. They have the "12" towels and flags. And they have the 12/Fan T-shirts. But I haven't seen anything with "12th Man" sold by the Seahawks organization.

Not true...find proof of that. I call BS on that.

[Kori Ellis]

Not true...find proof of that. I call BS on that.

On what?

[Kori Ellis]

PS: Kori, is Mr Peabody your alter-ego? :)

No, I don't have an alter ego.

[Kori Ellis]

My example of other schools using 12th Man a lot comes from my alma mater, UCLA. They have sold "UCLA 12th Man" shirts, hats, t-shirts for a long time.

Here's an article from 1998 that mentions it. That's all the proof I can find off the top of my head.


With setting, tradition and focus on their side, UCLA fans avidly embrace their supporting role; thousands wave blue-and-white towels emblazoned with "UCLA 12th Man" while yelling "One, two, three, move the chains!" after every first down. The towels sell for $1.

Fans had plenty to cheer about Saturday as the Bruins, led by sensational quarterback Cade McNown, routed Texas 49-31.

http://www.ndnation.com/boards/showpost.php?b=faq;pid=21;d=all

[hussker]

My example of other schools using 12th Man a lot comes from my alma mater, UCLA. They have sold "UCLA 12th Man" shirts, hats, t-shirts for a long time.

Here's an article from 1998 that mentions it. That's all the proof I can find off the top of my head.



http://www.ndnation.com/boards/showpost.php?b=faq;pid=21;d=all


BUT: You say "from the beginning of time". Find a reference to the "12th Man" in College Football prior to 1922. You won't.

[Kori Ellis]

BUT: You say "from the beginning of time". Find a reference to the "12th Man" in College Football prior to 1922. You won't.

Oh, okay. That's the proof you are looking for. IMO it's an expression that has been around as long as fans have been watching the sport. Most teams use it and have always used it. I'm not saying that the Aggies didn't coin the term. I'm just saying it's used so commonly among most teams that it's an odd thing to be copyrighted.

I'm not contesting they have a right to sue about it.

I'm just saying they have a lot of sueing to do -- most college teams in the country use it. When I was a kid, my cousins had 12th Man shirts from ASU. It's really common.

[hussker]

Oh, okay. That's the proof you are looking for. IMO it's an expression that has been around as long as fans have been watching the sport. Most teams use it and have always used it. I'm not saying that the Aggies didn't coin the term. I'm just saying it's used so commonly among most teams that it's an odd thing to be copyrighted.

I'm not contesting they have a right to sue about it.

I'm just saying they have a lot of sueing to do -- most college teams in the country use it. When I was a kid, my cousins had 12th Man shirts from ASU. It's really common.

Kori,

1) I agree, it is stupid, but aTm has a point.

2) The origin is 1922 at aTm, there is no other origin of the term in sports prior to that date.

3) Entities have to protect what is rightfully theirs, whether people agree or not. Lawyers are licking their chops right now. aTm has the RESPONSIBILITY to sue over it. The issue is not marketing, it is about losing trademark rights which is rightfully theirs, legally. Failure to do so opens it up for anyone to use.

4) The only battles the sharks will ever fight will be the BIG ones, like this one. Legal sharks won't go after NCAA entities who make no $$, but let Super Bowl Teams get involved...there they go with their beady eyes and big teeth.

4) As a Medical Professional, I HATE LAWYERS ( a term I should Copyright/Trademark since no one else has but we all say it ).

5) Hope to meet you and your better half at the GTG on Feb 10th! I am excited about finally getting to one!

[TheTruth]

Because every football team ever assembled has used that term from the beginning of time. It's generic.

They have the right to sue because they own the copyright. It's just funny that they are just getting into it now. Schools across the country have been selling "12th Man" stuff for years and years. And as far as the Seahawks go, I have yet to see that the Seahawks organization is selling anything with "12th Man" on it. They have the "12" towels and flags. And they have the 12/Fan T-shirts. But I haven't seen anything with "12th Man" sold by the Seahawks organization.

From what I gathered in the article that AHF posted, this isn't the first time they've gone after organizations infringing on their copyright. The article mentions the bears, the bills, etc. So it's really not just coming around right now. I think they are only taking it to court right now because apparently the seahawks refuse to acknowledge and/or cooperate.

-Mandy-

[Ginofan]

And for the record, they only trademarked it in the 90's.

Yes I'm sorry, I used the incorrect term. But i think you get the jist of what I was trying to say.

[Kori Ellis]

5) Hope to meet you and your better half at the GTG on Feb 10th! I am excited about finally getting to one!

I'm looking forward to meeting you too!

[Kori Ellis]

From what I gathered in the article that AHF posted, this isn't the first time they've gone after organizations infringing on their copyright. The article mentions the bears, the bills, etc. So it's really not just coming around right now. I think they are only taking it to court right now because apparently the seahawks refuse to acknowledge and/or cooperate.

-Mandy-

Yeah apparently they asked the Bears to stop it this season too. I don't know about the Bills. Most colleges use the term too.

And again, I don't think that they've shown that any merchandise is being sold by the Seahawks organization that says "12th Man". So far, I've only seen "12" stuff and the 12/Fan shirts. Has anyone seen any?

If people are selling bootleg shirts that say Seahawks 12th Man, then that's not on the Seahawks organization.

[hussker]

From what I gathered in the article that AHF posted, this isn't the first time they've gone after organizations infringing on their copyright. The article mentions the bears, the bills, etc. So it's really not just coming around right now. I think they are only taking it to court right now because apparently the seahawks refuse to acknowledge and/or cooperate.

-Mandy-

True. The bottom line is not $$ (except for the SHARKS) it is the rights and the tradition that MANY MANY MANY (oh trust me) give their $$ to annually. The 12th Man Foundation is a HUGE moneymaker for the University and it does good things for the Students and Alumni.

It is those Students and Alumni that pay for that every year (and their husbands too).

The Bears and Bills backed off. That did not receive GREAT publicity becuase those teams did not go to the SB while they were trying to use it. Obviously, it is a different story with the SKWAWKS (I love Palindromes). This should open the eyes of every team out there using the term and selling it, whether they have been for years or just recently.

Jim "dumbass" Rome would have you believe something different and flame on because he is the Sports talk equivalent of O'Reilly, Hannity, Limbaugh, etc...He drums up crap to sell PB Blaster. He is entertaining and I do listen, but he is a talking head salesbitch owned by those who pay his salary.

Bottom line...this should open eyes all around to not violate Trademarks/Copyrights.

I am sure that the t.u. contingent would be very happy with hook 'em texans...I am sure there is NO WAY the sips would go after that NFL franchise and would fully embrace that as goodwill. (Fans do not count, I am talking LAWYERS here).

[hussker]

Yeah apparently they asked the Bears to stop it this season too. I don't know about the Bills. Most colleges use the term too.

And again, I don't think that they've shown that any merchandise is being sold by the Seahawks organization that says "12th Man". So far, I've only seen "12" stuff and the 12/Fan shirts. Has anyone seen any?

If people are selling bootleg shirts that say Seahawks 12th Man, then that's not on the Seahawks organization.

It is not about selling, it is about USING. If you own a trademark, and someone is using SAID trademark, you stand to lose it if you do not take action. Has NOTHING to do with profitting at all. If the TAMU administration does not responsibly address the unauthorized use of a trademark, then the courts can take it away from them if they allow it to be used...regardless of whether or not there is profit involved.

Read the Public Law on it. It is a VERY long read.

[mookie2001]

aggy sucks so hard at football
they really need this win

[hussker]

aggy sucks so hard at football
they really need this win

GO $$$$$$$$$$$$$$$$$$$$$EAHAWKS

(dude, it could help draw down the $$ of my Season Tix at all events!)

[Extra Stout]

explain

Aggies, at least the men anyway, think it is cool to do something to piss somebody off in a class higher than theirs, and then have an upperclassmen whack them in the ass repeatedly with an axe handle. The ass then gets red welts. So there's an Aggie term "red ass" which basically means "cool."

If it sounds to you like this ritual is halfway between being spanked and being sodomized, and that it's sort of the college equivalent of "Deliverance," well...

I can't argue with that.

[Aggie Hoopsfan]

From a lawyer buddy of mine...


What about the fact that A&M didn't get trademark rights until 1990?

This is a very technical distinction, but an important one. A&M got rights in the use of the mark as soon as it started using, not when it registered the mark. This is what a lot of people don't get. The only thing registration does is provide constuctive notice to other potential users--i.e., Seattle is deemed to have first knowledge of A&M's use of the mark no later than the time of registration. You can only acquire rights in a mark if you do not have [actual or constructive] knowledge of another's use of the mark (assuming the marks are in fact confusingly similar).

Further, the fact that several other NFL teams were served CAD (cease and desist) letters strengthens A&M's claims and weakens any Seattle may have.