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TAMU's "12th Man" trademark
Posted on 5/8/20 at 7:55 pm
Posted on 5/8/20 at 7:55 pm
So, for about 4 years A&M has been charging the Seattle Seahawks about $150k/year in royalties for use of the slogan "12th Man" (in addition to lump sum settlement). They've also threatened the Colts and Bills for using similar slogans. What I'm wondering is
A) How was the lawsuit not dismissed as frivolous?
B) Do any Aggy possess the self-awareness to see how ridiculous this looks?
C) If the trademark is ever found to be fraudulent, could TAMU be forced to repay money obtained?
A) How was the lawsuit not dismissed as frivolous?
B) Do any Aggy possess the self-awareness to see how ridiculous this looks?
C) If the trademark is ever found to be fraudulent, could TAMU be forced to repay money obtained?
Posted on 5/8/20 at 7:56 pm to Mithridates6
quote:
C) If the trademark is ever found to be fraudulent, could TAMU be forced to repay money obtained?
No
Posted on 5/8/20 at 7:57 pm to Mithridates6
quote:
12th Man
Geez. Sounds like a ghey porno
Posted on 5/8/20 at 8:10 pm to Mithridates6
quote:
A) How was the lawsuit not dismissed as frivolous?
Because Texas A&M University owns all legal rights to the mark.
quote:
B) Do any Aggy possess the self-awareness to see how ridiculous this looks?
It isn’t about how it looks.
Per trademark attorneys/the law, if the owner of a mark does not actively protect it (i.e., cease and desist letters to anyone using it), the mark owner loses ownership rights.
quote:
C) If the trademark is ever found to be fraudulent, could TAMU be forced to repay money obtained?
Why would it be fraudulent? It’s legally owned.
quote:
The United States Patent and Trademark Office issued the "trademark registration" to Texas A&M. Four additional Trademark claims related to the "12th Man" term were also filed and granted at later dates by Texas A&M University (See U.S. Ser. Nos. 74560726, 76671314, 85977835 and 85851199), the first three of which have achieved Incontestable Status[jargon] as a result of its section 15 affidavit with the Patent and Trademark Office.
This post was edited on 5/8/20 at 8:35 pm
Posted on 5/8/20 at 8:12 pm to Mithridates6
quote:
A) How was the lawsuit not dismissed as frivolous?
Well, if they had a trademark, then it wasn't frivolous at all.
Posted on 5/8/20 at 8:16 pm to Mithridates6
Imagine getting pissed about this on a Friday night
Posted on 5/8/20 at 8:19 pm to Wanderin Reb
How can you possibly claim priority? The expression has been in use forever
Posted on 5/8/20 at 8:19 pm to Mithridates6
Imagine being this mad about something that has nothing to do with you.
Posted on 5/8/20 at 8:21 pm to ShaneTheLegLechler
Thinking people are angry with them and not laughing at them seems to be another hallowed Aggy tradition 
Posted on 5/8/20 at 8:23 pm to Mithridates6
I told someone long ago why don’t the Seahawks just use the 12th player instead of man! A&M doesn’t own that and it is basically saying the same thing
Not to mention it sounds better
Not to mention it sounds better
This post was edited on 5/8/20 at 8:24 pm
Posted on 5/8/20 at 8:27 pm to EKG
So 12th Man was a national advertising campaign that people in places like Seattle were undoubtedly aware of?
Posted on 5/8/20 at 8:28 pm to LSUNV
Being in Seattle, I'd guess they wouldn't want to assume genders in any case 
Posted on 5/8/20 at 8:29 pm to Mithridates6
It is more PC
This post was edited on 5/8/20 at 8:29 pm
Posted on 5/8/20 at 8:30 pm to Mithridates6
Ignorantia juris non excusat ("ignorance of the law excuses not").
They may not have been aware of it initially; I don’t doubt that.
But they were made aware of the issue, in an amicable way, and asked to C & D.
They refused to comply.
Lawsuit ensued.
They may not have been aware of it initially; I don’t doubt that.
But they were made aware of the issue, in an amicable way, and asked to C & D.
They refused to comply.
Lawsuit ensued.
This post was edited on 5/8/20 at 8:33 pm
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