12th Man

[SuperChuck]

I don't think they're trying to lay claim to the number "12" itself, because that is retarded, but just the idea of the 12th man.

You can't trademark a number (although people have tried), but you can trademark a logo. For example, I have an iPortal glass on my desk (from a likely-defunct software comany); the logo on the glass is the letter i. They obviously do not own the trademark for the letter i, but they do own the trademark on their logo (which is a particularly ugly i).

I think the term "12th man" is a common enough term that it can be considered vernacular. For example, if Minute Maid wanted to trademark the phrase "when life gives you lemons, make lemonade", they couldn't stop anyone else from using that, because it's part of the vernacular.

Similarly, the Aggies would have a hard time "regaining" the trademark on the 12th man. Even if they can prove that they were the first to use the term, it has fallen into common use and became part of the language before they filed the copyright.

I think it's like the first guy who said "when life gives you lemons, make lemonade" coming out and laying claim to that phrase. Even if it can be proven, it's been in the public domain for too long.

[WhiteWidow]

Similarly, the Aggies would have a hard time "regaining" the trademark on the 12th man. Even if they can prove that they were the first to use the term, it has fallen into common use and became part of the language before they filed the copyright.

If this is the case then everyone else can just be considered a copier I guess, and I'm ok with that.