Texas A&M Alleges Infringement of “12th man” Trademark By Colts

In team sports, the fans attending a game play a big part in how the players perform. The effect of the fans on the players’ performance can be psychological in how the spectators of a game cheer for the home team or boo the opposing team. The effect can also be practical in how the noise created by the fans can affect how the players communicate with each other on the field. This is especially true in football, where the quarterback often has to communicate the play or any audibles he intends to set with the rest of the offensive unit.

Acknowledging the role that the fans play, teams will often give a celebratory name for the fans who are in attendance during games. In football, the “12th Man” is a name given to the fans by some home teams because the home teams feel as if the fans themselves constitute such an advantage against the opposing team that it is like having twelve players on the field rather than the eleven players that are allowed to play per side. Ironically, actually adding a twelfth player to either side of the ball results in a five yard penalty.

The Indianapolis Colts are going to have to pay a little more than five yards for its “12th Man”. On November 12, 2015, Texas A&M University brought a trademark infringement lawsuit against the Indianapolis Colts, alleging improper use of the school’s “12th Man” trademark. The alleged misuse stems from the Colts’ addition of the “12th Man” trademark in its stadium’s ring of honor and in promotional e-mails sent to prospective season ticket holders. The lawsuit alleges that the Colts use of the “12th Man” trademark diminishes the “distinctiveness and fame” Texas A&M receives from the mark.

This isn’t the first time that Texas A&M has had to enforce its trademark rights against an NFL team. In 2006, Texas A&M sued the Seattle Seahawks for its improper use of the “12th Man” trademark. However, they both settled on a licensing agreement that gave the Seattle Seahawks permission to use the trademark until 2016. It will be interesting to see what resolution, if any, Texas A&M and the Indianapolis Colts conjure up.

By: Rolando Cubela, Associate Editor of Sports and Entertainment

Photo credit: Florida Memory via flickr.com cc

Sources Used:

https://www.law360.com/ip/articles/726389/texas-a-m-lodges-12th-man-suit-against-indianapolis-colts

http://sports.yahoo.com/blogs/ncaaf-dr-saturday/texas-a-m-sues-indianapolis-colts-over--12th-man-172407331.html

https://www.washingtonpost.com/news/early-lead/wp/2015/11/13/texas-am-is-suing-the-colts-over-use-of-12th-man/

http://sea.247sports.com/Bolt/Texas-AM-to-sue-Indianapolis-Colts-over-12th-man-use--41017556

https://en.wikipedia.org/wiki/12th_man_(football)