Texas A&M Sues Indianapolis Colts to Prevent Use of ‘12th Man’
Several professional football teams use the phrase ‘12th Man’ in association with their organization. It’s a phrase that for these teams implies the fans play an important part in their teams’ success. But all these teams owe the phrase to Texas A&M, which has trademarked the phrase - their 12th Man Mark. Recently, to enforce its trademark, Texas A&M sued the Indianapolis Colts to prevent the organization’s alleged unauthorized use of the 12th Man phrase.
A&M, which filed in a Houston, Texas federal court, alleges that the Colts’ use of 12th Man is likely tarnishing the 12th Man mark. Though the school indicated it tried to resolve the matter without a lawsuit, it likely recognized the importance of consistently enforcing outside use of its trademark. Two other NFL teams, the Seattle Seahawks and the Buffalo Bills, already have licensing agreements in place to use the 12th Man mark. A&M settled a dispute with Seattle in 2006, whereafter the Seahawks agreed to pay a licensing fee and acknowledge A&M’s ownership of the 12th Man mark.
“We bear no ill will toward the Indianapolis Colts,” A&M System Chancellor John Sharp said. “We simply want them to respect our trademark rights. Our actions are consistent with our previous trademark enforcement efforts in this regard.”
Typically, these types of cases do not come to a lawsuit, but A&M said it was not satisfied with the steps that the Colts were taking in response to their requests.
“We would prefer not to file lawsuits to protect our trademarks," A&M University President Michael Young said in a statement. “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.”
A&M trademarked the 12th Man mark in 1990, which originated in the 1920s when, according to university legend, a student came out of the stands ready to assist the injury-ridden football team if it needed him.
The Colts first used the phrase in 2006 when the team placed it inside its stadium, according to A&M’s lawsuit. After A&M requested the team remove it, Indianapolis did, but allegedly the phrase again appeared in 2012. A&M further alleged the Colts were using the 12th Man mark in marketing emails and on team blankets.
Sources: http://www.texastribune.org/2015/11/12/texas-m-sues-nfls-colts-using-trademarked-12th-man/ http://espn.go.com/college-football/story/_/id/14113722/texas-aggies-sue-indianapolis-colts-use-12th-man-trademark http://www.reuters.com/article/2015/11/13/us-texas-colts-idUSKCN0T12QL20151113#KsyltB15gFA5M8QM.97
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