January 30, 2006 9:29 AM

Sounds as if someone may be taking themselves just a wee bit too seriously

Texas A&M unhappy Seattle fans called ‘12th man’

Seahawks’ ‘12th Man’ angers A&M

[Texas A&M] officials are upset with the Seahawks’ use of the “12th Man” theme to recognize their fan support. A&M has legal claims to the “12th Man” moniker, a school tradition that dates to the 1920s.

Hmm…who knew that a number could be copyrighted? To a degree, I can understand that A&M officials have their knickers in a twist over the “12th Man” concept. Few things are more closely identified with Aggie football than the “12th Man”. It’s a time-honored tradition in a place that reveres tradition. Nonetheless, even if we admit that reality, it’s not as if the Seattle Seahawks just suddently desire to steal the Aggies’ thunder. Seattle has been celebrating it’s fans as their “12th Man” since the 1980s…and it’s just NOW becoming a problem?

Or is it simply that in all of the years the Seahawks sucked, A&M figured that no one was paying attention anyway? Now that Seattle is headed to the Super Bowl, and more people are recognizing the importance of Seattle’s “12th Man”, A&M officials are in high dudgeon because “their” symbol has been appropriated. WTF? Look, if A&M hasn’t taken action to protect it’s legal right to the “12th Man” concept, and this alleged violation has been occurring for the past 20+ years, have they not in fact forefeited their right to exclusivity by their ignorance and inaction?

Frankly, this whole thing just makes A&M look silly and small-minded. IF this is a problem, it should have been addressed in the 1980s. Yes, Seattle may be located way up in the Pacific Northwest (which might as well be Siberia by the reckoning of most Texans), but none of what they have done for the past 20+ years has happened in a vaccuum.

The Seahawks have celebrated their fans as a “12th Man” since the 1980s, when they used to turn the now-demolished Kingdome into one of the NFL’s loudest venues.

The team retired the No. 12 in 1984. Now, a No. 12 flag waves atop the city’s signature Space Needle and the team has raised a “12th Man” banner at their new stadium, Qwest Field.

The driving force behind Seattle’s “12th Man” was the Seahawks’ desire to recognize the importance of their fans when it comes to creating a home-field advantage. During the time I lived in the Pacific Northwest, I don’t recall the Seahawks ever overtly doing anything commercial with the idea. It was simply a way to salute their committed fans…and Lord knows that Seahawks fans have suffered through some bad football teams over the years. Now that they have an opportunity to reach the top of the mountain, NOW Texas A&M decides to make an issue of the “12th Man”? Since when can a number be copyrighted? And if this is such a horrendous problem, why is A&M pitching a fit after 20+ years?

Man, this is almost too silly for words….

A&M has twice registered trademarks for “The 12th Man” label — in 1990 and 1996 — that include entertainment services, “namely organizing and conducting intercollegiate sporting events,” and products, such as caps, T-shirts, novelty buttons and jewelry.

Athletics director Bill Byrne said this week he’s received e-mails from A&M supporters complaining about the Seahawks’ “brazen use of the 12th Man theme at their home playoff games.”

Byrne said A&M has contacted the Seahawks about the issue. He said he wrote the Chicago Bears and Buffalo Bills in the past about halting their 12th man themes once the university made them aware of the trademark registrations.

Byrne said Seattle, though, “has been slow-rolling us.”

Lance Lopes, the Seahawks’ vice president of corporate partnerships/legal affairs, told the Fort Worth Star-Telegram he would not comment on whether the team would meet A&M’s request.

“I will say this,” Lopes told the newspaper. “Our fans have been the folks that have run with the 12th man. It has not been the organization itself. We raise a flag with a 12 on it, it doesn’t say 12th man or anything like that. We retired the jersey No. 12 many, many years ago and we’ve always sort of kept it under that context.

“But, in terms of this whole 12th man derivative, if you will, that’s occurred in the mass media and the public here locally. It has not been generated by the organization, per se.”

Yes, I understand trademark law, and I certainly understand A&M’s right to protect it’s trademark. If the “12th man” motif is not being pushed by the Seahawks organization, however, then shouldn’t A&M be going after those who are actually profiting by violating their trademark? And again, by waiting 20+ years, has A&M forfeited it’s right to exclusivity by it’s inaction in not immediately and vigorously defending it’s trademark?

In going about this in the way that they have, Texas A&M officials may win the legal battle, but they’re going to get hammered in the PR war. There may well be a legitimate issue here that A&M has every right to address, but the way they’ve chosen to do it is the equivalent of killing a mosquito with a howitzer.

Nice going, eh?

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This page contains a single entry by Jack Cluth published on January 30, 2006 9:29 AM.

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