The “12th Man” debate…

The "12th Man" debate may head to trial in the next few months if Texas A&M and the Seattle Seahawks can reach an agreement in the trademark infrindgement case. If you are new to this story here is some background.
 
In 1922 Texas A&M college coined the phrase "The 12th Man" to bring the crowd into the game (12th man being the fan since there are 11 players on the field). Through the years the school just used the term and during those years other sports teams started to use it as well. The Seattle Seahawks began to use it widely and in 1984 the Seattle Seahawks retired a 12th Man Jersy, which hangs in Quest Field. No trademark infrindgements just yet but in 1990 Texas A&M trademarked the term and claimed it for there own.
 
Now in recent years Texas A&M has soute to put a stop to the Seahawks organization using the phrase. Now this is were it starts to get into the so called "grey area".
 
To me, and this just my opinion, since the Seattle Seahawks have used the phrase and retired a 12th Man jersey 6 years prior to Texas’ trademark filing it should be grandfathered into using it without reprocussions. If a new law passes you can’t get charged for something you did in the past before it was made a law. That would be unconstitutional.
 
I seems logical that something similiar would apply to this case. The Seattle Seahawks have a legitimate claim to use term since it was being used years proir to any trademark infrindgement.
 
Drop some comments and tell me what your opinion is on this matter.
 
Toby Barnett
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6 thoughts on “The “12th Man” debate…

  1. I think this is such a widely used phrase that  teams should not be restricted from using it, but I can see the problem if someone is monetarily benefitting from it when it is copyrighted. Fans will do what they want though.  Seattle could bring down their flag, but that would not stop the fans from calling themselves the 12th man nor would it stop probably a plethora of homemade 12th man t-shirts.
     
    (I actually remember hearing that TAMU has had the phrase copyrighted several times the first being sometime in the early 80s I believe, but I could be wrong.  Think they had it copyrighted then let it lapse and then redid it.. that might affect the grandfathering rule)
     
     

  2. This is a bunch of crap.  Several other college and pro teams use the "12th Man."  Texas A&M is just going after the Seahawks because they want a lot of money and they also want revenge since we beat the Cowboys.

  3. Hola ppl…It appears that I am a blogaholic and cant stay away for the life of me…  but I am not here for small talk, I am here to send you all over to see the first ever spacer nudie album (if you are gonna complain and get me deleted stay away)  If your pictures are in it , and you want em removed just let me know!!!
    Theres lots of em…so get over there and enjoy em!!! Im sure It wont be able to stay up long!!!
    Your warped and onlyTarah xxoo

  4. I agree with Mark…a bunch of BS.   Our courts have more important things to do than listen to a bunch of crying A&M fans.  Nice entry on the 27th.  Now I owe you more beers! 
     

  5. I didn’t know the history of that but that is interesting. I agree with you. If the Seahawks used it first then they should be allowed to use it. I don’t think that is something that should have been TM’d in the first place. That’s like Paris Hilton trying to claim "that’s hot". Just plain stupid waste of time and money.

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