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Texas A&M sues Colts over '12th Man' trademark
Texas A&M has sued the Indianapolis Colts for infringing on their trademark of the "12th Man."
At a board of regents meeting Thursday, school chancellor John Sharp revealed that Texas A&M filed suit in district court in Houston on Thursd
The suit alleges that the school first contacted the Colts about using the phrase inside its stadium in 2006 and sent a cease and desist letter, which it says fell on deaf ears.
The Colts retired the "12th Man" in their ring of honor in 2008, and according to the suit, were again warned by A&M that the team was infringing on a mark that the school owned.
The tipping point came in July, when in an email advertisement to sell tickets, the Colts encouraged fans to "Join The 12th Man." Texas A&M officials discovered the infringement when a person in College Station, Texas, where A&M is based, received the email.
In addition, the Colts have used "12th Man" to sell merchandise and have been honoring fans with a "12th Man award" during games in which the honoree receives a Colts jersey with "12th" on the front.
"Texas A&M University is the Home of the 12th Man which has brought our fan base national renown," said school president Michael K. Young in a statement. "We would prefer not to file lawsuits to protect our trademarks. However, when our intellectual property, especially the 12th Man mark which is so important to our students and former students, is used without our permission after repeated attempts to engage on the matter, we are left with no choice."
Texas A&M has sued the Indianapolis Colts for infringing on their trademark of the "12th Man."
At a board of regents meeting Thursday, school chancellor John Sharp revealed that Texas A&M filed suit in district court in Houston on Thursd
The suit alleges that the school first contacted the Colts about using the phrase inside its stadium in 2006 and sent a cease and desist letter, which it says fell on deaf ears.
The Colts retired the "12th Man" in their ring of honor in 2008, and according to the suit, were again warned by A&M that the team was infringing on a mark that the school owned.
The tipping point came in July, when in an email advertisement to sell tickets, the Colts encouraged fans to "Join The 12th Man." Texas A&M officials discovered the infringement when a person in College Station, Texas, where A&M is based, received the email.
In addition, the Colts have used "12th Man" to sell merchandise and have been honoring fans with a "12th Man award" during games in which the honoree receives a Colts jersey with "12th" on the front.
"Texas A&M University is the Home of the 12th Man which has brought our fan base national renown," said school president Michael K. Young in a statement. "We would prefer not to file lawsuits to protect our trademarks. However, when our intellectual property, especially the 12th Man mark which is so important to our students and former students, is used without our permission after repeated attempts to engage on the matter, we are left with no choice."
When reached for comment Thursday afternoon, Colts spokesman Avis Roper said it was the first the team had heard about the legal action.
This is the second time the Aggies have protected their trademark to the "12th Man." In 2006, they filed a lawsuit against the Seattle Seahawks for using the phrase without being authorized. The result was a settlement that allowed the Seahawks to license the phrase for $5,000 a year, but did not include the right to merchandise it. Instead, the Seahawks sold 12 jerseys with the nameplate "FAN" on the back that became very popular.
The Seahawks renewed their "12th Man" license for the last 10 years through June 2016. But it's not clear they will do so again.
Football Northwest LLC, the holding company of Seahawks owner Paul Allen, is currently owner of five registered trademarks to "12," two to "The 12s," two to "The Spirit Of 12" and one to "We Are 12."
One other NFL team, the Buffalo Bills, has a license from Texas A&M for "12th Man," but it's only for extremely limited use inside the stadium.
Texas A&M's use to the "12th Man" goes back to 1922, when a student named E. King Gill came out of the stands and got in uniform ready to play if called into action. It's why Aggies fans stand throughout games to mimic the willing sacrifice of Gill and the role they play in the game.
Texas A&M has four registered trademarks to "12th Man," with the first one filed in 1990.
ay after it says repeated attempts to stop the Colts from using its registered trademarks were unsuccessful.
This is the second time the Aggies have protected their trademark to the "12th Man." In 2006, they filed a lawsuit against the Seattle Seahawks for using the phrase without being authorized. The result was a settlement that allowed the Seahawks to license the phrase for $5,000 a year, but did not include the right to merchandise it. Instead, the Seahawks sold 12 jerseys with the nameplate "FAN" on the back that became very popular.
The Seahawks renewed their "12th Man" license for the last 10 years through June 2016. But it's not clear they will do so again.
Football Northwest LLC, the holding company of Seahawks owner Paul Allen, is currently owner of five registered trademarks to "12," two to "The 12s," two to "The Spirit Of 12" and one to "We Are 12."
One other NFL team, the Buffalo Bills, has a license from Texas A&M for "12th Man," but it's only for extremely limited use inside the stadium.
Texas A&M's use to the "12th Man" goes back to 1922, when a student named E. King Gill came out of the stands and got in uniform ready to play if called into action. It's why Aggies fans stand throughout games to mimic the willing sacrifice of Gill and the role they play in the game.
Texas A&M has four registered trademarks to "12th Man," with the first one filed in 1990.
ay after it says repeated attempts to stop the Colts from using its registered trademarks were unsuccessful.
