re: The REAL 12th man on display tonight

quote:

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We just hadn't done enough to protect it and we risked losing ownership entirely

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Correct

What I was addressing was the public use issue. If a term becomes too broad in the general use, like Xerox or Band Aid, it loses a defendable stance. In essence it becomes part of the general dialect and becomes impossible to defend. I am pretty sure the Bayer company holds the trademark for Heroin but entering the general has made it pretty unenforceable.

Seattle may be paying TAMU, but it may be more saving public face than true intent. If Seattle makes it more global (and probably will with a SB and global exposure) the folks at TAMU may have weakened their ability to protect the claim. With the success of Seattle, they have weakened their own ability to protect.

Other places may have a claim to the term and if they begin to use it after the Seattle win, it will make it that much harder to protect. Lots of words and terms have become generic and many might surprise folks who do not know the history. Next time you zip up you jacket or pants remember the term zipper was owned by a company for their rain boots. At a point the term took on a life of its own and could no longer be reasonably (cost of lawsuits to protect) protected.