12th man lawsuit settled

[cajunaggie08]

This is an email that was sent to members and supporters of Texas A&M University.

8 May 2006

MEMORANDUM

To: Texas A&M Students, Faculty and Staff

Subject: 12th Man Trademark Settlement

I?m pleased to inform you that, after months of negotiations, the

university has reached an amicable agreement with the Seattle Seahawks

resolving the controversy regarding the use of Texas A&M?s 12th Man

trademark. Under the agreement, the university has granted the NFL team

a license to use the 12th Man trademark in a seven-state area in the

northwest that encompasses the current primary broadcast area of the

Seahawks. As is the case of all licensees, the Seattle Seahawks will

pay the university a licensing fee and will state publicly that Texas

A&M owns the 12th Man trademark each time it is used.

It is hard for non-Aggies?and the media?to understand the depth of what

the 12th Man reference and depiction?and the underlying tradition ?

means to Texas A&M and as a result, the university was criticized for

vigorously opposing use of the trademark by the Seahawks. As you know,

the 12th Man is more than a trademark, greater than football and

certainly more than changing the course of a football game. The 12th

Man is a call to action for Aggies. It symbolizes loyalty and our

unique Aggie Spirit. It creates friendships where none existed before,

heals wounds that seemed to be beyond repair and creates a common

language that Aggies speak all over the world.

We had no choice but to challenge the Seattle Seahawks, just as we must

protect and defend in every way possible all of our trademarks ? and

none is more crucial than that of the 12th Man because of all it means

to Aggies. We have not only protected the 12 Man trademark, but have

strengthened it for the future to ensure that others cannot

successfully challenge us.

Now, we are in a position to license our trademark as a means of

broadening our coverage and unquestioned ownership of the mark in both

professional and collegiate sports.

In the fall, you will see an unprecedented focus on our 12th Man

trademark here at Texas A&M. Our goal is to maximize the recognition

and connection to our school.

Gig Em?

Steven B. Moore

Chief Marketing Officer & Vice President for Communications

So basically A&M retains the trademark, Seattle can use and market the term in the northwest while paying Texas A&M the rights to the term.

[wman]

Maybe if A&M focused more on football and less on branding their slogan they'd have a better team.

[cajunaggie08]

We were just protecting what is ours. The team has gone through some rough times and I believe the worst of the worse is behind us. We will find out this season if Fran is the man to lead the Aggies or if we should move in a new direction. There was some unrest between the players that were Slocum's recruits and the ones that were Fran's recruits. All of Slocums kids have graduated now and these are all Frans players finally. Franchione will be coaching for his job this season It will be 8 wins or he will be fired.

[speedo]

How far-reaching does this trademark go? Please correct me if I'm wrong, but don't the Buffalo Bills have a refernce to "The 12th Man" (or something like that) on their Wall of Fame at RWS?

[rfpierce]

We were just protecting what is ours.

Good luck with that. Google 12th Man and A&M is just one of MANY results that show up. I guess their attorneys are going to have their hands full.

[cajunaggie08]

A&M has allready settled their case with the Seahawks, the courts seems to have recognized that the trademark does belong to A&M. It shouldnt be too hard to stop other teams from using the term widespread either.

[hawk36]

A&M would have a point if they did this in the late 70s when the Hawks began promoting the term. The fact that they all of a sudden "realized" this in the week that the Hawks were headed to the Super Bowl (25 years later) says they're either idiots or ambulance chasers. Pretty shameful in my book.

[andrewharrington]

Still, Seattle has used the term since before it was trademarked. They retired the 12th man jersey in 1984, six years before the university registered it as a trademark. If this is that important to the Texas A&M community, you'd think they would have trademarked it before 1990. I mean, it's been around since 1922. It sure as hell didn't take 68 years for it to catch on. And yes, the Bills still use the term. The Chicago Bears stopped using it at the request of the university.

EDIT: Hawk said it well, and beat me to it.

[rfpierce]

A&M has allready settled their case with the Seahawks, the courts seems to have recognized that the trademark does belong to A&M. It shouldnt be too hard to stop other teams from using the term widespread either.

Agreed. But isn't A&M's history and tradition tainted a little when the use of the phrase isn't stopped? It's so important to them but they'll sell permission of it's use. If I were an Alum, I'd be pissed.

[andrewharrington]

That's a great point as well, pierce. I just Googled "a&m 12th man trademark," and a letter from the same Steven B. Moore, written after the filing of the suit but before the settling of it today, came up as the first or second entry. This letter uses many of the same sentences as this new one, but one in particular caught my attention:

We are not driven in this matter by concerns about any lost revenue in the licensing process; it is simply a matter of principle-ensuring that nothing infringes on the 12th Man concept and its Texas A&M uniqueness.

See, I don't get why the university would then turn around and settle with the Seahawks for a licensing fee. That's what I call a direct contradiction, and I just lost a lot of respect for Texas A&M Univeristy, along with a lot of others, apparently.

[rams80]

And once again I feel compelled to call both parties in the lawsuit silly and stupid.

Seriously, what right does a fanbase have to declare itself so special that only they can declare themselves the 12th man? Does it mean that the fans of other teams can never be as dedicated to their own teams as Seattle's and A&M's?

[NJTank]

What a joke Mets shoudl sue anyother teams that chant Lets GO fill in the blank, than.

[ebod39]

The Bills don't use it as a marketing tool, so theres no infringing on anything. It's up on the Wall of Fame as a tribute to the fans.

[ZBoyer]

This e-mail sounds a lot like it was written by the leader of some cult, especially the following:

It is hard for non-Aggies?and the media?to understand the depth of what the 12th Man reference and depiction?and the underlying tradition?means to Texas A&M and as a result, the university was criticized for vigorously opposing use of the trademark by the Seahawks. As you know, the 12th Man is more than a trademark, greater than football and certainly more than changing the course of a football game. The 12th Man is a call to action for Aggies. It symbolizes loyalty and our unique Aggie Spirit. It creates friendships where none existed before, heals wounds that seemed to be beyond repair and creates a common language that Aggies speak all over the world.

Very solid points though, hawk and tempest. I agree wholeheartedly. I find it a glaring omission for the courts to NOT realize the date the flag was raised and the date the phrase was trademarked.

[rfpierce]

Careful ZBoyer, your school could be next on A&M's hit list

http://www.uconnhuskies.com/sports/MSoccer...006Kickoff.html

[cajunaggie08]

I'm callin the lawyers right now

[Brian in Boston]

What the press release should have said:

8 May 2006

MEMORANDUM

To: Texas A&M Students, Faculty and Staff

Subject: The Spirit of the 12th Man

It is hard for non-Aggies?and the media?to understand the depth of what the 12th Man reference and depiction?and the underlying tradition ? means to Texas A&M. As you know, the 12th Man is more than a trademark, greater than football and certainly more than changing the course of a football game. The 12th Man is a call to action for Aggies. It symbolizes loyalty and our unique Aggie Spirit. It creates friendships where none existed before, heals wounds that seemed to be beyond repair and creates a common language that Aggies speak all over the world.

Oh... and it generates cash flow for the school, so it's now available to anyone who meets our price. 'Cause tradition is great, but it's all about the Benjamins, baby.

Charge Em?... I mean Gig 'Em.

Steven B. Moore

Chief Marketing Officer & Vice President for Communication

Ahhhhh... such a deeply meaningful tradition that the school didn't hesitate to whore it out for the almighty dollar. That's the old college spirit.

[dmr]

It is hard for non-Aggies?and the media?to understand the depth of what

the 12th Man reference

Awh, yes, the your not a part of if so you wont understand excuse. Wait, the more aptly titled "It is impossbile to understand from the outside, and impossible to explain from the inside" excuse.

Man, I love a university that is willing to sell out it's most "sacred" tradition (I mean really, go with Silver Taps, or Muster as most important not 12th man, the man didnt even play!!) Stated earlier it wasnt for money, yet is willing to accept money, hmmm, myaybe they need mone for a new chem lab, since they have had two major explosions in the past 5yrs, or money for the other lawsuits that are still pending, or could it be to send every student a card on their 21st b-day reminding them not to drink to much, then telling the signs of alcohol posioning on the back of the card.

Seriously can we get one, and I mean one TAMU related thread where, "cant understand unless you are one" excuse is not used.

~~dmr~~

[ColeJ]

aggies suck

[DEAD!]

What a joke Mets shoudl sue anyother teams that chant Lets GO fill in the blank, than.

that got me thinking, what would be equivalent in baseball. In the NL it would be the 10th man? and in the AL the 11th man?....