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Seahawks in legal trouble?


Bill Swerski
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If it is true that Seattle has been using the phrase publically since the 70's, it's entirely possible that A&M could lose the trademark.  A trademark is only a trademark if you keep it as such.

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good info here...

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It's used as part of their marketing.

 

I think that it's kind of silly, but I wouldn't be surprised if A&M pursued them aggressively.  They take stuff like that very seriously (hence the trademark).  And, as I said before, they've already stopped the Bears (and one other team that I can't recall) from using it.  It'll be interesting to see how it plays out.

 

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I'm sure they will pursue aggressively, what the hell else are they gonna do?

ROTC marches and the Dixie Chicken get old after awhile.

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Could be argued that the 12th man is a common saying, and part of popular culture. Systematic misuse of a trademark can result in the term becoming generic. Words such as "aspirin," "cellophane," and "elevator" slipped into the public domain because of improper usage. Xerox narrowly avoided this in the late 70's by a massive marketing campaign to get the general population to call the items thier machines produced "photocopies" instead of "xeroxes".

 

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Good info here. :D

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Yes, the slogan, but the meaning of it is different.

 

A&M's 12th man.

 

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How so? :D

 

The entire student body at A&M is the Twelfth Man, and they stand during the entire game to show their support. The 12th Man is always in the stands waiting to be called upon if they are needed

 

FWIW, one of my best friends was the 12th man during one season. He went on to share some time at LB and played beside Dat Ngyuen (sp).

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First, from an IP attorney's perspective, there is a difference between copyright and trademark. Copyright is affixed to an authors creative work (i.e., a book, song, etc.). Short phrases such as "threepeat" and 12th Man" are not sufficient to qualify for a copyright. They may, however, qualify for a trademark if they are used to designate or differentiate products or services that are used in commerce.

 

I think it would be very hard for Texas A&M to enforce a trademark on the term "12th Man", especially if it can be shown that a user, such as the Seahawks, had used it in commerce (i.e., sold T-Shirts with the slogan) before them. When a user registers a trademark, like A&M seeemingly has done, it does not preclude previous users from using the same term, it merely freezes that other users' rights to its use in the marks current geographical market. Since the Seahawks are nationally known, and have a national market, it maybe shown that the term "12th Man" was already nationally used by the Hawks.

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Sorry if this has been posted already.  Heard on the radio this morning that Texas A&M has asked the Seahawks to stop using A&M's copyrighted "12th Man" slogan.  No word yet on whether or not the Seahawks are going to comply.

 

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If the A&M fans had ever visited Qwest Field they would know that only 1 group of fans deserved to have their number retired! :D Go Seahawks! :D

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I don't have proof, but I'm fairly confident that the 12th man slogan wasn't used in Seattle until 1984 (after they played in the AFC title game in 83). Seattle entered the 84 season with tremendous hype. They managed a 12-4 season even though they lost Curt Warner in the opener.

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Not too sure on the legality of trademarks and sports, but it seems trivial to me. The previous post spells it out pretty well. I don't see this ever going anywhere- I don't see Paul Allen and his deep pockets/legal team going anywhere.

Texas A&M- don't mess with Paul Allen. Maybe they should go after the Washington Sate Cougars- who use the term "cow tipping" quite regularily- Doesn's A&M have that copyrighted and trademarked as welL?

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I'd be surprised if A&M could do this. Doesn't every team in every city do this? This isn't anything new.

 

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No it isn't and registering a trademark doesn't make it legal. I would bet the first person to contest this would win.

 

Does the NFL have "the huddle" trademarked?

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The Bush family is behind this? Or the Bush family is behind A&M?

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The Bush family is very much behind A&M. It's the home of the Bush Presidential Library and Museum. The family gravesite is also on university property.

 

I don't think that the Bush family cares much about this incident, but I was just sick of hearing the "don't mess with Paul Allen" crap. Paul Allen is nothing compared to the Bushes.

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