Posted on Sat, Jan. 28, 2006Seattle's 12th man irks A&MBy JEFF CAPLANStar-Telegram Staff WriterThe Seattle Seahawks credit their run to Super Bowl XL on the arm of their emergent quarterback, the legs of their MVP running back and the stripped-raw vocal cords of their fervent fans, the long-exalted 12th man.As a salute to the roaring crowds that used to blow the roof off the old Kingdome, the franchise retired the No. 12 back in 1984. But, it wasn't until billionaire Microsoft co-founder Paul Allen bought the team in the late 1990s and cozy Qwest Field opened in 2002 that the 12th man tradition again swept up Seattle's fandom.The playoffs -- with the No. 12 flag waving high atop Seattle's Space Needle and another one flapping in the south end of the stadium -- have finally exposed Seattle's 12th man tradition to the rest of the nation, and a stunned College Station -- the official Home of the 12th Man, legally speaking.Texas A&M officials are hot over what athletic director Bill Byrne termed Seattle's "brazen use of the 12th Man theme" in his Wednesday Internet column.A&M, whose own 12th Man tradition dates back to 1922, holds two trademark registrations on "12th Man." Secured in 1990 and 1996, the trademarks include entertainment services, "namely organizing and conducting intercollegiate sporting events," and products, such as caps, T-shirts, novelty buttons and jewelry.Byrne wrote that the Chicago Bears and Buffalo Bills had previously halted their own 12th man themes once the university made them aware of the trademark registrations. A&M has contacted the Seahawks twice."In the normal course of action, once someone becomes aware of it and they understand that you have a registered trademark, normally they cease," said Steve Moore, A&M's chief marketing officer. "In this case they have chosen not to, but we are still hopeful that they will, quite frankly."Lance Lopes, the Seahawks' vice president of corporate partnerships/legal affairs, said he would not comment on whether the team would meet A&M's request."I will say this," Lopes said. "Our fans have been the folks that have run with the 12th man. It has not been the organization itself. We raise a flag with a 12 on it, it doesn't say 12th man or anything like that. We retired the jersey No. 12 many, many years ago and we've always sort of kept it under that context."But, in terms of this whole 12th man derivative, if you will, that's occurred in the mass media and the public here locally. It has not been generated by the organization, per se."At a recent fan rally, Seahawks cheerleaders couldn't distribute No. 12 buttons fast enough. The team's pro shop is sold out of No. 12 replica game jerseys and No. 12 flags.The Web site, SeaHawkers.org, the official site of the team's booster club, offers downloadable computer desktop wallpaper that reads: "At Home We are the 12th Man" and "On the Road We are the 12th Man.""There's 12th man towels on eBay and all types of 12th man merchandise that we've seen," A&M's Moore said. "We really have no way of knowing whether the Seahawks are putting that out or not."The home page of the Seahawks' official Web site features a promotional advertisement with Ram Restaurant and Bar called "12th Man at the Ram." The winner lands 12 seats in front of the big screen at the popular sports bar to watch the Seahawks play the Pittsburgh Steelers in the Super Bowl on Feb. 5.Jeff Chandler, a marketing and promotions staff member for the Ram chain, said he was unaware of the 12th Man trademark, and said his company works directly with the Seahawks."This is a promotion done in conjunction with them," Chandler said. "They are the ones that approved our ad."A&M's 12th Man trademark has evolved into more than tradition and heritage. It is something of a franchise in itself, including The 12th Man Foundation, A&M's fundraising arm that funds 12th Man scholarships, 12th Man Magazine and 12th Man merchandise.The university's last resort is to take the Seahawks to court, a proposition that could be costly, and one Moore said A&M is not prepared to do just yet."What we hope," Moore said, "is that the normal course of action will work, and that they'll choose to recognize our ownership of the trademark."Geoff Mantooth, a Fort Worth-based registered patent and trademark attorney, said A&M might be able to win a court battle. He said A&M could seek damages for past infringement, stop future infringement and even ask for the Seahawks' profits on any 12th man merchandise."They [the Seahawks] might think they can fight it because you have a professional sports franchise with deep pockets versus a public university," said Mantooth, who is a former Aggie, but has no role with the university or this matter. "Public universities in the last few years have gotten more aggressive in protecting their patent and trademark rights because they see them as sources of revenue."