3afan
02-03-2006, 08:00 AM
Seahawks move 12th Man battle to Houston court
Federal judge to hear case, but not before Super Bowl
The dispute over the 12th Man slogan is moving out of Texas A&M's backyard.
The Seattle Seahawks filed a "Notice of Removal" a few hours before a scheduled hearing in a Brazos County court Thursday to transfer the case to federal court in Houston.
The move to federal court means the case will not be resolved before Sunday's Super Bowl XL in Detroit, where the Seahawks face the Pittsburgh Steelers.
But a meeting on the matter could be heard as early as next week, according to Steve Moore, A&M's chief marketing officer and vice president for communications.
Texas A&M owns the trademark to the 12th Man reference that dates to 1922 and has become the school's most identifiable tradition. The temporary restraining order won by the university Monday in district court, which prevents the Seahawks from selling merchandise related to the 12th Man, remains in effect.
But since A&M is alleging a violation of its federally registered trademark, a federal court has jurisdiction in the case, according to court documents.
A&M has contracted a company that polices trademark infringement, and Moore said that company will be on hand at the Super Bowl.
Moore said the university never intended for the court battle to coincide with the Super Bowl, which he called "dangerous territory" in reference to the magnitude of the event.
"We didn't have a choice. We certainly had to do it now," Moore said. "If we didn't, what you're saying from a trademark standpoint is you don't care about your trademark."
A&M twice has registered trademarks for the 12th Man slogan in 1990 and 1996. The Seahawks have used some form of the 12th Man since 1984.
A&M sent letters to the Seahawks in 2004 and 2005 to protest the use of the slogan but never received a response from the NFL team.
"The most confounding thing about this is they've been so silent," Moore said.
Seahawks spokesman Dave Pearson said the team would continue its policy of not commenting on the matter when reached by phone Thursday night in Detroit.
Federal judge to hear case, but not before Super Bowl
The dispute over the 12th Man slogan is moving out of Texas A&M's backyard.
The Seattle Seahawks filed a "Notice of Removal" a few hours before a scheduled hearing in a Brazos County court Thursday to transfer the case to federal court in Houston.
The move to federal court means the case will not be resolved before Sunday's Super Bowl XL in Detroit, where the Seahawks face the Pittsburgh Steelers.
But a meeting on the matter could be heard as early as next week, according to Steve Moore, A&M's chief marketing officer and vice president for communications.
Texas A&M owns the trademark to the 12th Man reference that dates to 1922 and has become the school's most identifiable tradition. The temporary restraining order won by the university Monday in district court, which prevents the Seahawks from selling merchandise related to the 12th Man, remains in effect.
But since A&M is alleging a violation of its federally registered trademark, a federal court has jurisdiction in the case, according to court documents.
A&M has contracted a company that polices trademark infringement, and Moore said that company will be on hand at the Super Bowl.
Moore said the university never intended for the court battle to coincide with the Super Bowl, which he called "dangerous territory" in reference to the magnitude of the event.
"We didn't have a choice. We certainly had to do it now," Moore said. "If we didn't, what you're saying from a trademark standpoint is you don't care about your trademark."
A&M twice has registered trademarks for the 12th Man slogan in 1990 and 1996. The Seahawks have used some form of the 12th Man since 1984.
A&M sent letters to the Seahawks in 2004 and 2005 to protest the use of the slogan but never received a response from the NFL team.
"The most confounding thing about this is they've been so silent," Moore said.
Seahawks spokesman Dave Pearson said the team would continue its policy of not commenting on the matter when reached by phone Thursday night in Detroit.