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Seahawks in legal trouble?


Bill Swerski
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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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:D - Swerski- now that is funny thanks for the Mon AM laugh. :D

Texas is one strange strange place. :D

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Texas A&M?? No one cares..... This is the only way that back water school even gets it's name out in print or talked about.

 

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Right, because "back water" schools have 44,000 students, top-notch research programs, and presidential libraries. :D

 

Ladies and gentlemen, we have the Sehawks' answer to ugly tuna! :D

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Right, because "back water" schools have 44,000 students, top-notch research programs, and presidential libraries.  :D

 

Ladies and gentlemen, we have the Sehawks' answer to ugly tuna!  :D

 

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:D Most here would say that would be Seahawk37.

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Then I guess that wildcat2334 is Seattle's answer to finger.  Not quite an original, but just as much of a troll.  :D

 

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Swerski- You need new material. Texas A&M has 40k+ students, and is a fine academic instution. College Station is a nice little town, I am sure :D Didn't mean to get your panties in a bunch- but seriously- "top notch research prgorams? presidential library? :D You sound like a fun guy!

 

This coming from one Bill Swerski- "Paul Allen is nothing compared to the Bushes"

:D what a tool-

 

As for major college sports?? not really on the radar- and they haven't been for quite a while. These NFL teams, Seahawks included I am sure are getting a laugh out of this "supposed legal action" Flat out isn't gonna happen. I don't know about you, but this is the first time I have seen Texas A&M in a national sports-related story in quite some time.

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Swerski- You need new material. Texas A&M has 40k+ students, and is a fine academic instution. College Station is a nice little town, I am sure :D  Didn't mean to get your panties in a bunch- but seriously- "top notch research prgorams? presidential library?  :D  You sound like a fun guy!

 

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Actually, I sound like an accurate guy because all of what I said is true. Unlike you, who doesn't know what the hell he's talking about.

 

This coming from one Bill Swerski- "Paul Allen is nothing compared to the Bushes"

:D  what a tool-

 

Yep, an intentionally idiotic response to one of your idiotic statements...

 

Texas A&M- don't mess with Paul Allen.

 

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Thanks for proving my point! :D:D

 

I don't know about you, but this is the first time I have seen Texas A&M in a national sports-related story in quite some time.

 

Funny, I don't hear much about University of Washington sports, either. But that doesn't mean that I'm going to denigrate it by calling it a "back water" institution.

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Actually, I sound like an accurate guy because all of what I said is true.  Unlike you, who doesn't know what the hell he's talking about.

Yep, an intentionally idiotic response to one of your idiotic statements...

Thanks for proving my point!  :D    :D

Funny, I don't hear much about University of Washington sports, either.  But that doesn't mean that I'm going to denigrate it by calling it a "back water" institution.

 

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What is it with Texas?? Seriously- if College Station is not a backwater college town- what is it??

 

As for UW, and Seattle- yeah great call :D University of Washington, and the city of Seattle both fall under "back water college & town" :D Jerkoff

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What is it with Texas?? Seriously- if College Station is not a backwater college town- what is it??

 

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You're right. If you're not in a major city, your area is completely devoid of culture. :D Again, you're completely clueless.

 

Jerkoff

 

Oooh, now we've graduated from institutional to personal insults. Wow, this is a real milestone for you! With high school graduation on the horizon, this must be a really exciting time in your life! :D

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You're right.  If you're not in a major city, your area is completely devoid of culture.  :D  Again, you're completely clueless.

Oooh, now we've graduated from institutional to personal insults.  Wow, this is a real milestone for you!  With high school graduation on the horizon, this must be a really exciting time in your life!  :D

 

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Ok, am done with this- I was having fun with it, poppin off a bit about Paul Allen, and this legal action that will probably never take place- then you bring in "The Bush's" and presidential libraries??. As for any personal insults- that all began by you comparing me to UT, and Seahawks37, - so please save it.

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Some great facts about the case from today's Seattle Times:

 

Texas A&M claims to have used the "12th Man" sinnce 1922, but didn't trademark the 12th man until 1990. The Seahawks retired the #12 amidst much hoopla in 1984.

 

As I mentioned previously: "...It's not clear if the Seahawks are using the trademarked phrase for commercial gain. The team sells spamshirts and other items with the No. 12, but doesn't appear to sell items that say "12th Man."

 

The judge that A&M has petitioned to issue the injuction was an undergrad at, of all places, Texas A&M.

 

http://seattletimes.nwsource.com/html/seah..._12thman31.html

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As I mentioned previously: "...It's not clear if the Seahawks are using the trademarked phrase for commercial gain. The team sells spamshirts and other items with the No. 12, but doesn't appear to sell items that say "12th Man."

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Do a search of "12th Man" on the Seahawks web site and you'll find many hits.

 

If they removed all of the "12th Man" promo stuff from their site, they could rightfully claim that "It's just the fans... we can't control them." But until then, they can't.

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Do a search of "12th Man" on the Seahawks web site and you'll find many hits.

 

If they removed all of the "12th Man" promo stuff from their site, they could rightfully claim that "It's just the fans... we can't control them."  But until then, they can't.

 

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A judge hasn't told the Seahawks that they can't use it, so why should they remove it? Seems like one of the earlier posters claimed that if the Seahawks were using the phrase prior to it being trademarked, then they could continue to use it in the same fashion.

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A judge hasn't told the Seahawks that they can't use it, so why should they remove it?

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Um, because it's trademarked. And the Seahawks are using it (on their web site) to promote their team and, therefore, make money.

 

Seems like one of the earlier posters claimed that if the Seahawks were using the phrase prior to it being trademarked, then they could continue to use it in the same fashion.

 

 

If it were OK for everybody to use the phrase, A&M wouldn't have been allowed to trademark it in the first place.

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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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Anybody have a better explanation at this point then the good General? If he is correct, and Seattle was using the term prior to A&M registering it, then there doesn't appear that A&M can stop them from using it. :D

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This about sums it up.

 

 

http://seattletimes.nwsource.com/html/spor...706_kell31.html

 

DETROIT — Yo, Texas A&M, one word for you — chill! Cease and desist with your whining. Get a life. Get 12 of them.

 

Surely there are things more important in this world to worry about than whether the Seahawks have ripped off your trademarked "12th Man" idea.

 

Things like the decline of education in this country, the unrelenting problems in the Middle East and the fact you guys can't beat Texas.

 

I mean, where have you been?

 

The Seahawks didn't just think up the idea of the 12th Man last November when the packed house at Qwest Field roared so loudly that New York Giants linemen looked as jumpy as squirrels.

 

This number 12 has been retired in Seattle since 1984. You remember 1984, don't you? You should. You beat Texas that year, 37-12.

 

What's next? Are you going to threaten to sue the Seahawks for cheering after touchdowns? Is that something else you think is unique to College Station?

 

"I thought everybody used the 12th Man," Seattle safety Michael Boulware said at Monday's news conference. "I can't believe they're really serious about it. I know for me, as a defensive player, our 12th Man is huge. I need the 12th Man. They give us an advantage. I just hope this thing just goes away."

 

This is much ado about 12.

 

"It's silly," Seahawks quarterback Matt Hasselbeck said.

 

 

 

 

Look, every fan in Seattle thinks what you do at Texas A&M is cool. Fans know about the origin. The team beaten up by injuries. A student comes out of the stands to help the depleted Aggies. Fans know that 12th Man has been a part of A&M football since 1922.

 

But your 12th Man and Seattle's 12th Man are as different as college football and the NFL.

 

"I grew up in South Florida and I went to the University of Michigan and I didn't know too much about the Seahawks," left guard Steve Hutchinson said. "When I got there I learned about how huge the 12th Man was in the Kingdome. And that it was a very loud place.

 

"Now being there for five years, I realize what the fans mean to our team and that franchise. The 12th Man really is part of that team, and I don't think it was something that was done to rip anything off. I think it's an honest thing."

 

Yo, A&M! The way your football team has been losing the past few years — 16-19 the past three seasons — you might try your luck with a 12th and a 13th Man.

 

And while you're at it, why not patent some cheers like "Hold that line," or "Block that kick." Or "Hit 'em again. Hit 'em again. Harder. Harder." And sue any cheerleading team that dares to use them.

 

"Every team thinks of their fans as the 12th Man. I don't see why it's a big deal," Seahawks defensive tackle Chuck Darby said. "The 12th Man is our fans, and they made a difference."

 

The timing is just a bit curious. Why did A&M wait until Super Bowl Week to make this an issue? Sounds a little opportunistic. Like an idea some marketing guy cooked up when he was watching Hawks owner Paul Allen run up the 12th Man flag before the NFC Championship Game.

 

Yo, Aggies! You should have been in Seattle inside the Kingdome in 1984. It was loud. Denver's John Elway used to flap his arms like a condor, asking for quiet, and the crowd only got louder.

 

"I came from Green Bay and the fans are incredible there. Incredible," Hasselbeck said. "Then I came to Husky Stadium and we didn't even sell out our games, and everybody was telling me about Seattle being a football town and talking about the 12th Man. But it just didn't make any sense. The games I was at, half the people there were rooting for the Raiders or the Cowboys. It didn't feel like there was a 12th Man.

 

"Then we moved into our own stadium. Started winning a little bit. I felt it. And now I see it. And now I've learned a lot about the history and the tradition of the 12th Man, the Kingdome and all that stuff. And then I've kind of lived that the last few years. No stadium's been louder. And in my opinion, without a doubt, Seattle is a football town. I don't think the 12th Man is a marketing gimmick."

 

It's a reality. It's something precious in pro sports today, noise that isn't electronically amplified. It's noise that comes from the lungs, not the loudspeaker, and is as effective as an extra defensive back.

 

The 12th Man has its own history in Seattle.

 

Yo, A&M! Get serious.

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Anybody have a better explanation at this point then the good General?  If he is correct, and Seattle was using the term prior to A&M registering it, then there doesn't appear that A&M can stop them from using it. :D

 

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I guess it depends what the Seahawks' and Aggie's "markets" are defined as.

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