Hook 'em 12th Man? Maybe A&M and Texas can split legal fees on trademark infringement suits.

Theatre Arts plays used for UIL competitions are legally required to pay the royalty fees on the plays they perform.

If you wish to use something that is trademarked, copyrighted, patented you should expect to pay for the rights to use those things.

SHUT EM DOWN!!!

I don't like our 12th Man being copied!!!

As a huge Stiller fan, anything you guys could get done prior to the 5th would be greatly appreciated.

Thanks.

What would you sips think if a pro team picked burt orange as their colors and used yalls logo on their helmets. Kinda the same thing here. We just want to protect our trademark so fans at every school and pro venue aren't referred to as the 12th man...

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So, if a HS uses the music of a college fight song as their fight song does that mean that the college can sue the HS? And if one team uses one of the same crowd chants as another team at some other level, can they sue as well?

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These are copyright issues, not trademark issues. The answer, however, is yes if the college owns the copyright in the fight song and has not licensed the HS to perform the song (subject to the defense of fair use). Re crowd chants, my guess is that it wouldn't be copyrightable as an original work in the first place.

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Hook 'em 12th Man? Maybe A&M and Texas can split legal fees on trademark infringement suits.

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You're joking, but t.u. actually does have the Hook em hand sign as a registered and protected Trade Mark. See the following link:

http://www.utexas.edu/trademarks/marks.html

I had not noticed the sign on seahawk stadium saying Home of the 12th Man until last season, so not sure when it was put there. I have always thought that sign needed to be removed though. There can only be one Home of the 12th Man and our storied tradition backs up the moniker. That is what we should be going after and not the obscure fan references or the flag with 12 on it. And yes, all the seattle pasty white trolls will hate A&M for it, but F em. Go 'hawks!

I doubt that Seahawks' owner Paul Allen is losing any sleep over Aggie "cease-and-desist" orders. He's richer than God (but not Bill Gates) and can deploy a battalion of lawyers at a moment's notice. If you actually tried to sue he'd eat your liver with fava beans and a nice Chianti. It's best to play nice and share rather than pissing away student's tuitions tilting at windmills.

There isn't a lot of accurate information on this thread, but A&M does need to sue seattle and quit sending C&D letters. And I'd probably do it in the Eastern District of Texas and drag their asses to some remote place like Marshall that takes more than a day to get to from Seattle. Let whoever their counsel is, probably Perkins Coie or something, see how they enjoy the fair and kind justice of the Eastern District.

Anyone know if we have outside counsel doing anything, or are they letting dumb & dumber from A&M legal handle it? (No specific knowledge, just a guess.)

http://www.seahawks.com/fanzone.aspx?SecID=35

Then click on fan mail.

Showstopper,

I'm sure its outside counsel, most of their IP stuff is handled outside. Not sure which firm would be handling it, they use a number of bigger ones: Howrey, Fulbright, etc.

These threads contain some of the most inaccurate information and some of the worst analogies I have ever read on texags. Thats saying a lot.

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And I'd probably do it in the Eastern District of Texas and drag their asses to some remote place like Marshall that takes more than a day to get to from Seattle

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Defendants are given more say in which federal district the trial would be held in. Suit could be filed in whichever district College Station is in, but Paul Allen would have good reasons for a change.

T-shirts which say "12th Man" which the Seahawks sell are about all they can stop. You need to show monetary damages.

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that takes more than a day to get to from Seattle

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Paul Allen (and therefore lawyers he employs) can get anywhere in the continental US in 3 hours. The man can afford a private plane.

seahawk, why not be original and come up w/ something new?

how is going to kill us for defending a trademark?

I like how some Horns are getting all high and mighty.

http://www.dailytexanonline.com/media/paper410/news/2003/08/28/TopStories/Ut.Sues.Restaurant.For.Mascot.Use-454162.shtml?norewrite&sourcedomain=www.dailytexanonline.com
tu sues some small time restruant.

Also from the article

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The University also has had issues with its own student organizations using University trademarked material. The Barbecue Club was told their logo was too similar to the University seal, and the club was forced to change their logo. In 1999, the student organization UT Students Against Sweatshops was told their name violated the University's rules, because including the letters "UT" in their name gave the appearance the University supported views of the organization.

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Good grief, A&M is nowhere near as anal as the sips.

This might just be urban legend, but didn't t.u. sue the City of Fort Worth, because their longhorn logo looked too much like the schools? And I've also been told that Caldwell ISD pays royalties to them to use the burnt orange color.
hmmmm...

Good!!! Take there arses to the woodshed.

Take 'em down.

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This might just be urban legend, but didn't t.u. sue the City of Fort Worth, because their longhorn logo looked too much like the schools?

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I've heard that. But FW still uses that logo.

As far as color royalties, I can't imagine you could trademark or copyright a color.

seadork76

windmills, the only wind around here is coming out of your arse. we've got our billionaires (thats plural) who will step up and we will win.

why don't you and paul allen go crawl under the covers and handle up on each others privates.

There are the Cedar Hill Longhorns....their colors are burnt orange and white, they have the same helmet and logo as Texas U.

tk03:

Don't know if you are a lawyer or not, but if you are, you aren't very good. There have been plenty of patent trials in the Eastern District, and the judge will point out the easy proximity of DFW airport and the friendly service of American Eagle, and then you get to sit down and shut up.

If you have any caselaw on people successfully getting out of the Eastern District on forum non-conveniens type grounds, I'd personally be greatly obliged.

I'm basing jurisdiction on the fact that they probably sell these flags all over the place, and I imagine that somewhere in East Texas I can go buy one. The location of A&M is irrelevant; the question is where the trademark infringement occurs.

Even so, I think the closest Federal Courts to College Station are Austin and Waco. I guess I'd pick Waco if I had to, but I think I'd rather take my chances in East Texas.

P.S.: If Paul Allen loans his private jet to his lawyers, he is pretty much the nicest client ever. I doubt he likes his lawyers that much.

you can trademark colors

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If you actually tried to sue he'd eat your liver with fava beans and a nice Chianti. It's best to play nice and share rather than pissing away student's tuitions tilting at windmills.

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For starters none of our tuition pays for any athletic events. Secondly, I don't care how much money he has it wont matter when he is clearly infringing our copyrights.

Fuel for the fire...

Governors place their Super Bowl bets





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With the Super Bowl less than two weeks away it's time for those bets.

The governors of Washington and Pennsylvania have placed a friendly wager on the outcome of the big game between the Seattle Seahawks and Pittsburgh Steelers.

If the Seahawks win, Pennsylvania Governor Ed Rendell will send Washington Governor Chris Gregoire a big box of hot dogs and Heinz condiments to donate to a food bank.

He'll also fly a "12th man flag" in Harrisburg,
honoring the Seahawks fans. As for Gregoire, she's putting up a bushel of Washington apples and promises to display a Steelers "Terrible Towel" in her office if Pittsburgh wins.


(Copyright 2006 by The Associated Press. All Rights Reserved.)

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So, if a HS uses the music of a college fight song as their fight song does that mean that the college can sue the HS?

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This isn't limited to fight songs. Outside of public domain songs a high school has to pay fees for EVERY piece of music it plays.

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Unless you protect it, then every swingin' **** in football will be calling themselves "The 12th Man".

Do you want to see that happen?

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exactly. that's why we need to protect it.

This is the greatest thread in the history of electricity.

I'm no lawyer, but I think we also possibly lose legal ground to challenge infringements "we care about" in the future if we let others (such as the Seahawks) slide.

We may not care if an NFL team uses it, but we certainly would if another college started using it. My understanding is that we have to protect our copyright everytime to maintain our ability to protect it in the first place.

F%$^ lawsuits.....GOOOOOOOOOOOO PITTSBURGH!!!!!!!