Here in Seattle, “12th Man” pride has exploded in the last month, capped by the Seattle Seahawks’ dominating win over the Denver Broncos in the Super Bowl. But does flying the “12th Man” flag actually signify support for the Seahawks? According to the U.S. Patent and Trademark Office, it does not. Instead, that trademark has been claimed by Texas A&M University, which first registered that mark in 1990, and claims that it first started using the mark in commerce in 1965.
Texas A&M actually sued the Seattle Seahawks on the eve of their first visit to the Super Bowl (in 2006) for trademark infringement. After the Hawks lost (the Super Bowl, that is), they evidently decided to throw in the towel on the lawsuit as well, settling with the Aggies by agreeing to pay the University a fee to be allowed to continue using the phrase. Evidently, the agreement is up for renewal or renegotiation in 2016.
And the Aggies haven’t been shy about enforcing their rights, even against the little guy. A week before the big game, their lawyers sent a cease and desist letter to local microbrewery Foggy Noggin Brewing, which was about to release a limited edition (only 5 gallons were made) beer called “12th Man Skittles IPA” for the Super Bowl.
The Aggies mark is now incontestable. Of course, even an incontestable mark can be challenged for becoming generic, but the Seahawks aren’t likely to bring that challenge. So despite Seattle’s pride, it seems that for right now, the real 12th man may be living in Texas…