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re: A&M ' s 12th Man > Seattle' s 12th man
Posted on 1/21/14 at 11:43 am to laxtonto
Posted on 1/21/14 at 11:43 am to laxtonto
A&M most certainly did originate the practice of using the phrase "12th man" as the name of their fan base. The Iowa reference was one sentence in a single article, and it was not used as a name, but as a description.
Almost no school or business invents a phrase that has never been used in the history of man. That's not what is needed to get a trademark.
A&M agreed to sell Seattle the right to use the phrase at their stadium (they can't sell merchandise) not because the stupid Iowa thing might make them lose the trademark (not a chance in hell), but because they had NOT been protecting the trademark like they are supposed to in order to retain ownership. THAT put them at risk. By settling with Seattle, and doing more to police the ownership, they have put themselves in a position to win any potential case in a slam-dunk.
Almost no school or business invents a phrase that has never been used in the history of man. That's not what is needed to get a trademark.
A&M agreed to sell Seattle the right to use the phrase at their stadium (they can't sell merchandise) not because the stupid Iowa thing might make them lose the trademark (not a chance in hell), but because they had NOT been protecting the trademark like they are supposed to in order to retain ownership. THAT put them at risk. By settling with Seattle, and doing more to police the ownership, they have put themselves in a position to win any potential case in a slam-dunk.
This post was edited on 1/21/14 at 12:02 pm
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Posted on 1/21/14 at 11:50 am to Hugh McElroy
at this thread. 
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