What's in a trademark? Texas A&M

One of the most notable issues of collegiate intellectual property violations occurred in a case between the Seattle Seahawks NFL franchise and Texas A&M University.  For years, dating back to the 1920s, Texas A&M has used the 12^th man to identify a student athlete who was called from the stands to participate in an important game.  Though the student dressed for the game, he did not play, but the dedication of the student to the success of the team became synonymous with the commitment of the fans to the Texas A&M program.  In American football, only 11 men per team participate per play.  In its current form, the 12^th man symbolizes how intimidating Texas A&M home crowds are to visiting teams.   The 12^th man moniker is a registered trademark of Texas A&M. 

The Seattle Seahawks fan base used the name beginning in the 1980s to signify how loud crowds were at the Kingdome, making it one of the most intimidating stadiums in the NFL.  The franchise also retired the number 12 jersey and the number 12 is used city-wide in this representation.  Seattle does not officially adopt the 12^th man name, but claims it is mainly used by its fan base and they are not liable. 

Texas A&M had issues with other entities using the 12^th man, but once those entities were informed of the trademark registration, they ceased usage.  Seattle and Texas A&M eventually settled out of court, and because Seattle still uses the term, they may be paying Texas A&M for permission.  Now it seems as though the Denver Broncos may be getting a lawsuit from Texas A&M as well. 

The reason this case is interesting is because most fan use the 12^th man to describe their own support.  If the phrase was not trademarked, it would be a non issue until someone did trademark it.  Texas A&M cannot sue individuals for saying it, but once t-shirts are printed or other merchandise used to promote a team under that phrase, this is where it violates the trademark.  This will continue to be an issue until the protection expires in 2020. 

12^th Man segment on ESPN College Gameday

http://www.youtube.com/watch?v=oLQiSrXUmhE

College Confidential: Aggies prepared to defend trademark infringement in use of phrase “12^th Man”- Jimmy Burch

http://sportsblogs.star-telegram.com/colleges/2012/01/aggies-prepared-to-defend-trademark-infringement-in-use-of-phrase-12th-man-.html

Texas A&M unhappy Seattle fans called ‘12^th man’ by the Associated Press http://sports.espn.go.com/nfl/playoffs05/news/story?id=2309668

Who can and cannot use “the 12^th Man” according to Texas A&M- Best Damn Sports blog by a Girl Period

http://bestdamnsportsblogbyagirlperiod.wordpress.com/2012/01/10/who-can-and-cannot-use-12th-man-according-to-texas-am/