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TAMU's "12th Man" trademark

Posted on 5/8/20 at 7:55 pm
Posted by Mithridates6
Member since Oct 2019
8220 posts
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?
Posted by scionofadrunk
Williamson County, TN
Member since Mar 2020
1961 posts
Posted on 5/8/20 at 7:56 pm to
quote:

C) If the trademark is ever found to be fraudulent, could TAMU be forced to repay money obtained?


No
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
66098 posts
Posted on 5/8/20 at 7:57 pm to
quote:

12th Man


Geez. Sounds like a ghey porno
Posted by scionofadrunk
Williamson County, TN
Member since Mar 2020
1961 posts
Posted on 5/8/20 at 7:57 pm to
12 Men, 1 Biscuit
Posted by EKG
Houston, TX
Member since Jun 2010
45272 posts
Posted on 5/8/20 at 8:10 pm to
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 by Wanderin Reb
Gallifrey
Member since Jun 2013
10738 posts
Posted on 5/8/20 at 8:12 pm to
quote:

A) How was the lawsuit not dismissed as frivolous?


Well, if they had a trademark, then it wasn't frivolous at all.
Posted by ShaneTheLegLechler
Member since Dec 2011
63404 posts
Posted on 5/8/20 at 8:16 pm to
Imagine getting pissed about this on a Friday night
Posted by Mr Sausage
Cat Spring, Texas
Member since Oct 2011
15762 posts
Posted on 5/8/20 at 8:19 pm to
This guy.
Posted by Mithridates6
Member since Oct 2019
8220 posts
Posted on 5/8/20 at 8:19 pm to
How can you possibly claim priority? The expression has been in use forever
Posted by joshua2571
Member since Nov 2015
8293 posts
Posted on 5/8/20 at 8:19 pm to
Imagine being this mad about something that has nothing to do with you.
Posted by EKG
Houston, TX
Member since Jun 2010
45272 posts
Posted on 5/8/20 at 8:20 pm to
So has Just do it.
Posted by Mithridates6
Member since Oct 2019
8220 posts
Posted on 5/8/20 at 8:21 pm to
Thinking people are angry with them and not laughing at them seems to be another hallowed Aggy tradition
Posted by LSUNV
In the woods or on the water
Member since Feb 2011
23114 posts
Posted on 5/8/20 at 8:23 pm to
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
This post was edited on 5/8/20 at 8:24 pm
Posted by EKG
Houston, TX
Member since Jun 2010
45272 posts
Posted on 5/8/20 at 8:27 pm to
They just use “12” now.


Posted by Mithridates6
Member since Oct 2019
8220 posts
Posted on 5/8/20 at 8:27 pm to
So 12th Man was a national advertising campaign that people in places like Seattle were undoubtedly aware of?
Posted by Mithridates6
Member since Oct 2019
8220 posts
Posted on 5/8/20 at 8:28 pm to
Being in Seattle, I'd guess they wouldn't want to assume genders in any case
Posted by LSUNV
In the woods or on the water
Member since Feb 2011
23114 posts
Posted on 5/8/20 at 8:29 pm to


It is more PC
This post was edited on 5/8/20 at 8:29 pm
Posted by texag7
College Station
Member since Apr 2014
41312 posts
Posted on 5/8/20 at 8:29 pm to
Hi Randy
Posted by scionofadrunk
Williamson County, TN
Member since Mar 2020
1961 posts
Posted on 5/8/20 at 8:30 pm to
Yo, OP

Posted by EKG
Houston, TX
Member since Jun 2010
45272 posts
Posted on 5/8/20 at 8:30 pm to
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.
This post was edited on 5/8/20 at 8:33 pm
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