Texas A&M University had a trademark on the “12th man” phrase and they are serious about protecting that. They are now taking the Indianapolis Colts and their owner, Jim Irsay, to court for constantly ignoring the trademark the school has and using the “12th man” phrase for years with their own fans.
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The suit, filed Thursday, alleges that the school first contacted the Colts in 2006 about the use of the phrase inside their stadium and sent a cease-and-desist letter, which the school says fell on deaf ears.
The Colts retired the “12th Man” in their ring of honor in 2008, and according to the suit, were again warned by A&M that the team was infringing on a mark that the school owned.
The tipping point came in July, when in an email advertisement to sell tickets, the Colts encouraged fans to “Join The 12th Man.” School officials discovered the infringement when a person in College Station, home of Texas A&M, received the email.
In addition, the Colts have used “12th Man” to sell merchandise and have been honoring fans with a “12th Man award” during games in which the honoree receives a Colts jersey with “12th” on the front.
“Texas A&M University is the Home of the 12th Man which has brought our fan base national renown,” school president Michael K. Young said in a statement. “We would prefer not to file lawsuits to protect our trademarks. 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.”
This is the second time the Aggies have filed suit to protect their “12th Man” trademark. In 2006, they filed a lawsuit against the Seattle Seahawks for using the phrase without being authorized. The result was a settlement that allowed the Seahawks to license the phrase for $5,000 a year, but did not include the right to sell merchandise with the phrase on it. Instead, the Seahawks sold No. 12 jerseys with the nameplate “FAN” on the back that became very popular.
