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Texas A&M suing Colts over use of '12th Man' term
Texas A&M is reportedly suing the Indianapolis Colts over the use of the trademarked term "12th Man."
According to the Indianapolis Star, the university on Thursday filed a trademark infringement lawsuit in U.S. District Court in Houston, claiming that the use of the "12th Man" term helps the Colts sell tickets and merchandise. The lawsuit was revealed by Chancellor John Sharp at a Board of Trustees meeting.
Texas A&M has owned the rights to "12th Man" since 1990, when the school was granted a trademark by the U.S. Patent and Trademark Office, although it has been widely used in football for at least a century. The first known use of the phrase was in 1900 by the University of Minnesota, which referenced "the mysterious influence of the twelfth man on the team, the rooter," in a magazine.
But Texas A&M has carefully protected its trademark rights. The Seattle Seahawks began to make frequent use of the "12th Man" term to refer to their fan base starting in the mid-2000s, and they eventually reached a licensing agreement with A&M that paid the school $100,000 up front in 2006 and continues to pay $5,000 annually in exchange for allowed use. That agreement expires in 2016.
ESPN reported that, in the lawsuit, Texas A&M alleges that the school initially contacted the Colts in 2006 about the use of the term and eventually sent a cease-and-desist letter but got no response. As recently as July, the lawsuit claims, Indianapolis was sending letters to prospective season-ticket holders urging them to "Join The 12th Man."
Texas A&M president Michael K. Young said in a statement, "Texas A&M University is the Home of the 12th Man which has brought our fan base national renown. 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."
The Colts responded Friday, with spokesman Avis Roper telling ESPN, "We're aware of the media reports of the Texas A&M lawsuit, but we've not yet had an opportunity to review the actual complaint. We'll make a statement after we've actually been served and had an opportunity to evaluate the allegations."
