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Are A&M lawyers being d-bags over the '12th Man' trademark?

Posted on 7/2/14 at 12:00 pm
Posted by tylerdurden24
Member since Sep 2009
46381 posts
Posted on 7/2/14 at 12:00 pm
LINK

quote:

Charles Sonntag co-founded 12thManThunder.com, a website for people who wanted to keep the Bills in Buffalo. The Aggies are threatening to sue Sonntag for infringing on the "12th Man."

Legally, it's an open question as to whether Sonntag's website actually infringes on A&M's mark. There's almost no likelihood of confusion between 12thManThunder in Buffalo and the College Station fan base.


quote:

A&M wants all the 12thManThunder posters taken down (some are posted at area bars), and they want the Facebook group named changed. Did I mention that Sonntag is a double amputee? HE HAS ONE ARM AND ONE LEG! Could we give him a minute to deal with all of this?

Texas A&M is picking on this man, not because they think he's seriously diluting their trademark, but because he's not wealthy enough to stop them. I guess it's easy enough for the 12th Man to rattle Rice and then congratulate themselves for the effort.


What say ye, SECr denizens? Is Aggy being too Aggy or are they simply protecting what they have made legal claim to?
Posted by DaleDenton
Member since Jun 2010
42343 posts
Posted on 7/2/14 at 12:04 pm to
Instead of actual accomplishments and championships, their trademarks are all they have...

Even tho aTm wasn't the first to use the "12th man"...
Posted by LSUNV
In the woods or on the water
Member since Feb 2011
22422 posts
Posted on 7/2/14 at 12:04 pm to
We'll since 12thmanthunder.com is a bad gateway now I guess people other than A&M felt it was legit
Posted by EKG
Houston, TX
Member since Jun 2010
43944 posts
Posted on 7/2/14 at 12:05 pm to
They're doing what they're paid to do: protect university marks.
Georgia has the same processes.
The attorneys aren't at the liberty of picking and choosing which marks are protection-worthy--they all are.
That's just how it goes.
This post was edited on 7/2/14 at 12:07 pm
Posted by Alonzo
Member since Jun 2014
1024 posts
Posted on 7/2/14 at 12:07 pm to
A&M will eventually claim the "#"
Posted by aggressor
Austin, TX
Member since Sep 2011
8714 posts
Posted on 7/2/14 at 12:07 pm to
Horrible article and very misleading. A&M has to protect its trademark or else they will lose it. They aren't asking for money, they are just stopping him from using the trademark and his org is hiding behind him being disabled as a reason for ignoring the law.

You can't use trademarks that other people own, period. If his org just stopped doing it then there would be no story.
Posted by DaleDenton
Member since Jun 2010
42343 posts
Posted on 7/2/14 at 12:09 pm to
quote:

We'll since 12thmanthunder.com is a bad gateway now I guess people other than A&M felt it was legit


Aggy threatened to sue him for "damages" so he instead created a new website using a different name.
Posted by LSUdm21
Member since Nov 2008
17486 posts
Posted on 7/2/14 at 12:10 pm to
The best comment on that article is the one that says, "No pun or pun intended, he should change it to 12-1/2 Man....."

Dude's a double amputee.
Posted by TeLeFaWx
Dallas, TX
Member since Aug 2011
29176 posts
Posted on 7/2/14 at 12:10 pm to
Posted by ocelot4ark
Dallas, TX
Member since Oct 2009
12458 posts
Posted on 7/2/14 at 12:11 pm to
They shouldn't have let A&M trademark it in the first place.
Posted by mikrit54
Robeline
Member since Oct 2013
8664 posts
Posted on 7/2/14 at 12:11 pm to
Posted by scrooster
Resident Ethicist
Member since Jul 2012
37546 posts
Posted on 7/2/14 at 12:12 pm to
I remember when A&M sued, and won, a Gamecock website who was known for trying to copy and steal everything ... and they tried using "The 12th Man" as their site catch phrase in the late 90s.

A&M should protect its property.

The law is the law.
Posted by ipodking
#StopTalkingAboutWomensSports
Member since Jun 2008
56260 posts
Posted on 7/2/14 at 12:13 pm to
When I hear "the 12th Man" I think of the Seahawks not A&M. I always forget their fans call themselves that
Posted by DaleDenton
Member since Jun 2010
42343 posts
Posted on 7/2/14 at 12:14 pm to
quote:

A&M should protect its property.


Its not their property, its like an Edison invention, someone else invented it first, but they copied and ran straight to the patent/trademark office.
Posted by WestCoastAg
Member since Oct 2012
144928 posts
Posted on 7/2/14 at 12:15 pm to
quote:

A&M should protect its property.
Posted by EKG
Houston, TX
Member since Jun 2010
43944 posts
Posted on 7/2/14 at 12:22 pm to
quote:

When I hear "the 12th Man" I think of the Seahawks not A&M. I always forget their fans call themselves that

Ok.
But that's not how it works.
We're not too interested in who the more "famous" 12th Man is--we know its origins.
We make very little money off of the Seahawks--it's negligible (a few thousand dollars?).
It's an issue of having to show legal precedence of having actively protected the mark.
Damn attorneys & what not.
The money is a moot point.
Posted by TigersOfGeauxld
Just across the water...
Member since Aug 2009
25057 posts
Posted on 7/2/14 at 12:23 pm to
quote:

What say ye, SECr denizens? Is Aggy being too Aggy or are they simply protecting what they have made legal claim to?


I say go for it. When I think "12th man", Texas A&M is who I think of. Anything else is wannabe.

Posted by LSUNV
In the woods or on the water
Member since Feb 2011
22422 posts
Posted on 7/2/14 at 12:25 pm to
[quote]Aggy threatened to sue him for "damages" so he instead created a new website using a different name.[/quote

Trust me, if he didn't think A&M was right it would still be up.
Posted by Roger Klarvin
DFW
Member since Nov 2012
46505 posts
Posted on 7/2/14 at 12:25 pm to
No, we just really hate cripples.
Posted by MMB5DAP
Member since Jul 2013
1734 posts
Posted on 7/2/14 at 12:25 pm to
quote:

Its not their property, its like an Edison invention, someone else invented it first, but they copied and ran straight to the patent/trademark office.


I imagine that someone somewhere said "Just Do It" before Nike or "I'm lovin it" before McDonalds. The trademark belongs to who claims it first. Rules is rules.
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