A&M SUCKS ASS!

[hussker]

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

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

NAA-AHHH-AHHH-AHHH (hehe)

I do agree it is all very silly indeed...but when an en y 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.

NAH-AHHH-AHHH-AHHHH (hehe)

I do agree it is all very silly indeed...but when an en y 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 ins ution 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 ins ution’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 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.

[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 en led 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"



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.

That's awesome.

[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

[tlongII]

Tbong,

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



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?