My limited understanding is that if the alleged owner of the trade mark doesn't 'vigorously' defend its trademark, it loses it. If it lets obviuos infringers go unchecked for any period of time, it seems to be persuasive in that direction.
While there is no question where the 12th man was invented, A&M has done a horrible job (and it's not like they have no resources to fight this stuff) at protecting its alleged trademark.
My guess is that they lose here.
Or at least the Seahawks might make a sizeable 'donation' and this whole thing could go away