Texas A&M is Suing the Indianapolis Colts

Texas A&M is in the process of suing the Indianapolis Colts for trademark infringement and unfair competition because they believe that the Colt's use of the 12th man in their advertisements is a violation of its trademark. Texas filed their official lawsuit on November 12 in federal court. They also cited that they sent the Colts a cease and desist order in 2006 after the team used the 12th man phrase inside their stadium. The Colts responded that they wouldn't use it outside the stadium, but they kept on using it which resulted in more cease and desist orders in 2008 and 2012.

Texas A&M sued the Seattle Seahawks in 2006 for the same infringement and that ended with a settlement of $5,000 per year to Texas for licensing the slogan.

Comments from Allen:
Generically, football fans tend to think of themselves as the "12th man" on their team when they are in the stands cheering them on, and so the term would appear to be generic and not subject to being copyrighted.  According to Texas A&M lore, however, the term comes from a game back in 1922 when A&M was playing the nation's top-ranked football team.  During the course of the game, the Aggies ran out of subs.  The coach called for a basketball player sitting in the stands to help out.  He
did: he suited up and stood on the sidelines, waiting to be subbed in. Luckily for A&M, they never needed him, but the image of a lone student answering the call to help out his team, if needed, stuck. The Aggies have ever since considered the members of their student body the "12th man". To further reinforce that tradition, during home games the Aggie students do not sit; they stand, as though waiting to be called upon to sub in for any player at a moment's notice.

With that history behind them, the Aggies registered the term "12th man" as a trademark in conjunction with football games, claiming the term is distinctive and uniquely representative of their university and fans. A trademark includes any word, name or symbol used to identify and distinguish the goods and services of one business from those of others, and to indicate the source of the goods and services.

When someone wants to begin using a word or symbol in association with his business or goods, he can do a "clearance search" of online databases to see if someone else is already using that trademark. I would guess the Colts did not do any such search because (1) they initially believed the term "12th man" was generic, and generic terms are incapable of being registered as trademarks. If the Colts want to fight A&M in this suit, they may actually win, even though the 12th man originated at A&M. Over time, a name or phrase may become generic. This is especially true if the holder of the trademark does not actively work to protect his mark by stopping others from using it without permission.

In other words, if the term "12th man" has generally come to be known as another description of hometown football fans in the stands during home games, as opposed to the student section at Texas A&M home football games, the term is now generic and Texas A&M's trademark will be worth as much as the copyright for the "Happy Birthday To You" song: nothing.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:
http://www.courthousenews.com/2015/11/16/aggies-sue-colts-over-12th-man-mark.htm

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