After several days of carping, Texas A&M has filed a lawsuit against the Seattle Seahawks to block the Super Bowl team from using the term "12th Man."
Our legal expertise doesn't extend to matters of this nature, but from what we've picked up over the years it sounds like a questionable claim to us. (The wife actually did some trademark enforcement work for the Pittsburgh Penguins when plenty of folks were peddling unauthorized merchandise in the early 1990s, years before yours truly filed suit against the Pens for firing the late Ivan Hlinka and stiffing him on the balance of his contract.) The notion of the "12th Man" has been part of football for years, long before A&M registered trademarks in 1990 and 1996. In 1984, the 'Hawks retired the jersey No. 12 in honor of the fans.
We also vaguely recall that the holders of a trademark have specific obligations to protect it, lest they waive their right to do so. A&M claims that it first contacted the Seahawks in 2004 regarding the alleged infringement -- but it's not as if the alleged infringement occurred for the first time in 2004.
Frankly, we think that the whole thing is a misguided grab at publicity on the part of Texas A&M, which has been relegated to the lengthening shadow of the Texas Longhorns and which is trying to nail down fresh letters of intent on February 1. Some in the institution might think that filing a lawsuit against a Super Bowl team to protect the legacy and history of the football program will be the thing that prompts some of the high school kids the school is chasing to sign up.
Regardless of the motivation, we think the whole thing is a waste of everyone's time. Including ours.
