The Seattle Seahawks, Texas A&M University and the 12th Man

As evidenced by the interviews after the Seahawks routed the Broncos in the Super Bowl, the Seahawks have always credited part of its success to the power of “the 12th man,” the Seahawks’ rowdy, boisterous fan base. The Seahawks’ 12th man has definitely made its presence known. Literally. The 12th man holds the Guinness Book of World Records for loudest crowd during the Seahawks’ Week 14 game against the Saints in Seattle. The 12th man first broke the record in September during the Seahawk’s Week 2 game against the 49ers. One member of the 12th man even went as far as naming their newborn daughter, born last week, Cydnee Leigh 12th Mann. That’s dedication. However, not everyone appears to appreciate the Seahawks’ 12th man. Johnny Manziel, Texas A&M University’s former quarterback, took a shot at the Seahawks’ 12th man earlier this month by posting a photo on Instagram with the caption, “REAL 12th man #GIGEM.” Texas A&M’s use of the 12th man to represent its fans dates back to 1922. During a bowl game in January of 1922, a student in the stands was pulled and asked to suit up in case he was needed as a substitute. While he never played, his willingness to help turned into a tradition and the entire university is considered the 12th man. The university obtained the trademark for THE TWELFTH MAN in 1990.

After a couple years of sending cease and desist letters to the Seahawks’ regarding the phrase, A&M filed a trademark infringement suit against them in 2006. In that same year, the Seahawks struck a licensing agreement with Texas A&M, in which the Seahawks’ would be able to continue using the phrase for a lump sum of $100,000, and an annual fee of about $5,000 a year. This agreement is set to expire in 2016.

While the dispute between Texas A&M and the Seahawks appears to be settled for the time being, Texas A&M’s trademark attorneys appear to have their hands full with the popularity of the 12th man as of late and the use of the phrase to sell all types of goods. No doubt this will continue for the foreseeable future.

Sources: http://www.visualthesaurus.com/cm/wordroutes/the-twelfth-man-a-football-phrase-with-disputed-roots/ http://ftw.usatoday.com/2014/01/johnny-manziel-seattle-seahawks-12th-man/ http://www.denverpost.com/broncos/ci_25048558/seahawks-celebrate-credit-12th-man http://ftw.usatoday.com/2014/01/seahawks-baby-named-12th-man/

For more information on this topic, please visit our trademark service page.

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LawDarin M. KlemchukComment