tgray99
02-03-2006, 10:40 AM
From http://www.chron.com/disp/story.mpl/front/3633712.html
Feb. 3, 2006, 8:54AM
Seahawks kick 12th Man dispute to federal court
By MICHAEL GRACZYK
Associated Press
BRYAN -- The Seattle Seahawks ran an end-around on Texas A&M, removing from an Aggie hometown court Thursday their dispute over the "12th Man" slogan used by the university and the Super Bowl-bound NFL team.
In a three-page "Notice of Removal" filed about two hours before a scheduled hearing in a Brazos County court just a few miles from the A&M campus, the Seahawks transferred the case to federal court in Houston, about 100 miles away.
Since Texas A&M is alleging a violation of its federally registered trademark by the Seahawks, a federal court has jurisdiction in the case, according to documents filed by J. Michael Bell, a Houston-based lawyer for the team.
"It brings everything here to a screeching halt unless the federal court decides to remand it," said state District Judge J.D. Langley.
Langley said the maneuver was fairly common for a case involving entities from different regions.
U.S. District Judge Ewing Werlein set a pretrial and scheduling conference for June 16.
Steve Moore, A&M's chief marketing officer and vice president for communications, said the legal tactic was not unexpected.
"The surprise to me is that they've been just so silent and have not reached out with any solution," Moore said.
The move to federal court means no resolution of the case before Sunday's Super Bowl, where the Seahawks face the Pittsburgh Steelers.
"We never intended to try to coincide with the Super Bowl," Moore said. "The situation we were in is if we didn't do something with the Super Bowl coming, we would be in very very dangerous territory because with something as large as the Super Bowl, it's very hard to say you didn't know infringement was taking place, or I'm being a nice guy and I'm going to let them do it during that time."
"What you're saying from a trademark standpoint, you're saying you don't care about your trademark. And if you didn't protect it, then in fact there is no dilution and everyone can use it, and we certainly weren't prepared to do that."
Bell, listed on court documents as "attorney-in-charge" for the Seahawks, did not return telephone calls from The Associated Press.
The university owns the trademark to its generations-old "12th Man" reference for Aggie supporters in the stands and earlier this week won a temporary court order from Langley, an A&M graduate, to keep the Seahawks from using "12th Man" in their marketing.
The Seahawks have recognized their followers as a "12th Man" since the mid-1980s and even retired the No. 12 jersey in 1984. Now with Seattle in the Super Bowl, their "12th Man" promotion, which previously has aggravated the Aggies, has gained an even higher profile.
Texas A&M has been arguing the NFL team is infringing on the school's legal claim to the slogan, which they say they've used for more than 80 years. The school twice has registered trademarks for the "12th Man" label — in 1990 and 1996 — that include entertainment services and products like caps, T-shirts, novelty buttons and jewelry.
Seattle's version of a "12th Man" banner, a flag with the No. 12 on it, was flying this week from the team's hotel in suburban Detroit. So was a flag atop Seattle's signature Space Needle and the state Capitol in Olympia. Then there's all the team merchandise and apparel with the "12th Man" logo.
At A&M, the slogan dates to 1922 when a student, E. King Gill, was pulled from the stands to suit up for the injury-depleted Aggies as they faced top-ranked Centre College. Gill didn't play, but he was the last player standing on the sidelines in reserve as the Aggies won 22-14.
A tradition was born. "Home of the 12 Man" is in huge letters at Kyle Field, where Aggie students stand during games as a sign of their readiness and support.
A&M sent letters to the Seahawks in 2004 and 2005, protesting use of the slogan. School officials said the team never responded.
Feb. 3, 2006, 8:54AM
Seahawks kick 12th Man dispute to federal court
By MICHAEL GRACZYK
Associated Press
BRYAN -- The Seattle Seahawks ran an end-around on Texas A&M, removing from an Aggie hometown court Thursday their dispute over the "12th Man" slogan used by the university and the Super Bowl-bound NFL team.
In a three-page "Notice of Removal" filed about two hours before a scheduled hearing in a Brazos County court just a few miles from the A&M campus, the Seahawks transferred the case to federal court in Houston, about 100 miles away.
Since Texas A&M is alleging a violation of its federally registered trademark by the Seahawks, a federal court has jurisdiction in the case, according to documents filed by J. Michael Bell, a Houston-based lawyer for the team.
"It brings everything here to a screeching halt unless the federal court decides to remand it," said state District Judge J.D. Langley.
Langley said the maneuver was fairly common for a case involving entities from different regions.
U.S. District Judge Ewing Werlein set a pretrial and scheduling conference for June 16.
Steve Moore, A&M's chief marketing officer and vice president for communications, said the legal tactic was not unexpected.
"The surprise to me is that they've been just so silent and have not reached out with any solution," Moore said.
The move to federal court means no resolution of the case before Sunday's Super Bowl, where the Seahawks face the Pittsburgh Steelers.
"We never intended to try to coincide with the Super Bowl," Moore said. "The situation we were in is if we didn't do something with the Super Bowl coming, we would be in very very dangerous territory because with something as large as the Super Bowl, it's very hard to say you didn't know infringement was taking place, or I'm being a nice guy and I'm going to let them do it during that time."
"What you're saying from a trademark standpoint, you're saying you don't care about your trademark. And if you didn't protect it, then in fact there is no dilution and everyone can use it, and we certainly weren't prepared to do that."
Bell, listed on court documents as "attorney-in-charge" for the Seahawks, did not return telephone calls from The Associated Press.
The university owns the trademark to its generations-old "12th Man" reference for Aggie supporters in the stands and earlier this week won a temporary court order from Langley, an A&M graduate, to keep the Seahawks from using "12th Man" in their marketing.
The Seahawks have recognized their followers as a "12th Man" since the mid-1980s and even retired the No. 12 jersey in 1984. Now with Seattle in the Super Bowl, their "12th Man" promotion, which previously has aggravated the Aggies, has gained an even higher profile.
Texas A&M has been arguing the NFL team is infringing on the school's legal claim to the slogan, which they say they've used for more than 80 years. The school twice has registered trademarks for the "12th Man" label — in 1990 and 1996 — that include entertainment services and products like caps, T-shirts, novelty buttons and jewelry.
Seattle's version of a "12th Man" banner, a flag with the No. 12 on it, was flying this week from the team's hotel in suburban Detroit. So was a flag atop Seattle's signature Space Needle and the state Capitol in Olympia. Then there's all the team merchandise and apparel with the "12th Man" logo.
At A&M, the slogan dates to 1922 when a student, E. King Gill, was pulled from the stands to suit up for the injury-depleted Aggies as they faced top-ranked Centre College. Gill didn't play, but he was the last player standing on the sidelines in reserve as the Aggies won 22-14.
A tradition was born. "Home of the 12 Man" is in huge letters at Kyle Field, where Aggie students stand during games as a sign of their readiness and support.
A&M sent letters to the Seahawks in 2004 and 2005, protesting use of the slogan. School officials said the team never responded.