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.