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NLAuburn

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no different than me starting a burger joint and selling a double stacked burger called a Big Mac w/ special sauce.... A&M is the 12th Man...they've owned it since 1922 and its a huge marketing point for the school. They own it and if people want to use the moniker they better pay for it.

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I'd defend it as well. Would you want to see another team go after Auburn's tradition of rolling Toomer's? Or how about the eagle flight?

I'd hope other fanbases wouldn't call us douchebags for defending those traditions.

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Yes, TAMU is being a little silly with this. From a legal perspective the issue is whether or not the Broncos were portraying themselves as the TAMU 12th Man--which they were, of course, not.

The University of South Alabama Jaguars had a similar trademark dispute with the Jacksonville Jaguars about two years ago and it was determined that the only way in which USA would be in violation of the trademark was if people began to confuse USA with the Jacksonville Jags (which, again, people would of course not confuse).

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12th man isn't a logo. The 12th man resides in college station and has since 1922. You can't take an idea and claim it as your own. The 12th man is Texas A&ms intellectual property. It'd be like me taking a companies slogan and calling it my own. A&M has every right to protect what's theirs.

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12th man isn't a logo. The 12th man resides in college station and has since 1922. You can't take an idea and claim it as your own. The 12th man is Texas A&ms intellectual property. It'd be like me taking a companies slogan and calling it my own. A&M has every right to protect what's theirs.

In 1990 TAMU registered their 12th Man trademark with the USPTO for "novelty buttons, towels, hats, t-shirts, polo-type shirts, golf shirts, sweaters, shorts, and athletic uniforms, in addition to college scholarship services."

The Broncos "violation" was a parachutist dropping into the stadium with a flag reading "12th Man." So from a very literal standpoint flags were not included in their trademark. But MUCH more significant is the fact that the Broncos use of this term was not "confusingly similar" to that of TAMU's usage. 

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