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View Full Version : "12th Man" battle goes to court



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.

neck_06
02-03-2006, 09:12 AM
COME ON AGGIES, WIN! WIN! WIN!

maybe if they win this case, it will build their confidence going into next season..........

:thinking: :thinking: :thinking:

LH Panther Mom
02-03-2006, 09:16 AM
One thing that I don't understand is why the "trademark" had to be registered twice. :confused: :confused:

pirate4state
02-03-2006, 10:09 AM
Originally posted by LH Panther Mom
One thing that I don't understand is why the "trademark" had to be registered twice. :confused: :confused: And why register so late? Are they saying they've been using the slogan since 1922, but didn't register it as a trademark until 1990? :thinking:

big daddy russ
02-03-2006, 10:15 AM
Originally posted by pirate4state
And why register so late? Are they saying they've been using the slogan since 1922, but didn't register it as a trademark until 1990? :thinking:
They didn't think they'd have to trademark it until all the NFL teams started using it during the mid-80's.

piratebg
02-03-2006, 10:17 AM
Leave it to an Aggie. LOL. :D

Old Tiger
02-03-2006, 10:17 AM
Will the Ags run out of time on this one?

pirate4state
02-03-2006, 10:17 AM
Originally posted by big daddy russ
They didn't think... You can say that again! :doh: :doh: :D

HM33
02-03-2006, 10:34 AM
America and it's dumb lawsuits. They get dumber and bumber all the time.

duckbutter
02-03-2006, 11:34 AM
Don't think A&M has much of a case due to the fact that they didn't register the trade mark until 1990 and again in 1996. IF the Seahawks can prove that they had been using the slogan since the early 80's, such as merchandise, they have a very good chance at the continued use of it.

Bandera YaYa
02-03-2006, 11:39 PM
Originally posted by duckbutter
Don't think A&M has much of a case due to the fact that they didn't register the trade mark until 1990 and again in 1996. IF the Seahawks can prove that they had been using the slogan since the early 80's, such as merchandise, they have a very good chance at the continued use of it. Shhhhh.....you don't want to hear all the aggies crying at one time, do ya????? Keep it down!!! We're talking about a tradition here, you know!!!! Besides, it's not a law school, so give them some slack!!!! :nerd: :eek:

STANG RED
02-04-2006, 01:02 AM
OK, Horn boys and girls. A little food for thought.
If A&M looses this, Beevo will be up for grabs next, by any and all commers. Once this presidence has been set, no traditions and/or trademarks of yours or any other universities will be sacred. Instead of laughing under your breath at the ags, you had better wake up and smell the Beevo turds.
This is as much your fight as theirs, you just dont realize it yet.

AggieJohn
02-04-2006, 01:27 AM
Originally posted by neck_06
COME ON AGGIES, WIN! WIN! WIN!

maybe if they win this case, it will build their confidence going into next season..........

:thinking: :thinking: :thinking:
you just stick to that olsen magic......that's all the confidence you need

AggieJohn
02-04-2006, 01:28 AM
Originally posted by pirate4state
And why register so late? Are they saying they've been using the slogan since 1922, but didn't register it as a trademark until 1990? :thinking: do you realize how long it takes to get a trademark?

District303aPastPlayer
02-04-2006, 01:30 AM
Originally posted by AggieJohn
do you realize how long it takes to get a trademark?

appearantly 68 years