Quote:
Originally posted by KSig RC
While there's no general need to defend your opinion, this point is not persuasive - mostly b/c you're not addressing the actual legal points presented (which are not, in fact, opinion-based).
You may very well have consulted the patent/trademark guys at Baker Botts - but if you did, you haven't relayed their advice very well. No one is saying that A&M is implicitly wrong - however, I can envision many scenarios in which the trademark is not allowed with reference to their student section, mostly related to VALIDITY concerns, not registration issues.
Note these also would not preclude the '12th man foundation', which you've propped here - note that trademarks only apply in instances in which 'product confusion' would exist. This means the Seahawks could call their fans the '12th man' and not violate the TM for the Foundation.
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yeah, i realize exactly what you are saying about the foundation, that is common knowledge. The information that I received basically said that A&M had the exclusive rights to "The 12th Man." Including advertising, marketing, foundations, etc. etc. Basically, I would guess, A&M has the sole rights to the slogan used in any way shape or form. They have won cases in the past pertaining to the same issues. What more do you people want?
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