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Old 07-02-2014, 05:12 PM   #1
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Default TAMU can suck a bag of cat balls

Nice work losers

http://msn.foxsports.com/southwest/s...urvivor-070214

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The Aggies filed two complaints against four Bills fans for using the trademark in their website, 12thManThunder.com.

One of those Bills fans is a double amputee and a cancer survivor named Charles "Chuckie" Sonntag, according to the Buffalo News. Sonntag beat cancer last year. He's suffered from polyostotic fibrous dysplasia, also known as Albright's disease, since he was a child. His left arm was amputated 20 years ago and his left leg was amputated in March, according to the paper. He also lives on a monthly $825 social security check.

"My experience has proven two things: a handicapped person can accomplish just about anything and Texas A&M will sue just about anybody," Sonntag told the paper.

An attorney notified the university of Sonntag's disabilities.


Texas A&M is subject to lose its trademark if it does not actively take action to protect it.

The four fans changed the name of the website to BillsFanThunder.com, but Texas A&M demanded more.

Attorneys wanted all 250 posters promoting the site taken down from restaurants and bars around Buffalo.

"We have been negotiating about a turnover date for several weeks. When it became apparent they would not make that change, we gave them a deadline of last Friday to respond. The domain name still needs to be transferred from their ownership. It is still redirecting to their website. Their use of social media is still in question," Texas A&M spokesman Shane Hinckley told the paper.

Wednesday, Erie County Comptroller Stefan I. Mychajliw Jr. provided FOX Sports Southwest with a copy of a letter of support for Sonntag that he sent to Texas A&M University president Mark Hussey.

He offered to assist in reaching a "reasonable resolution" that avoided litigation, but called Texas A&M's threat "ridiculous and classless."

The purpose of the website was to organize support for the Bills to stay in Buffalo. Three more fans--Charles Pellien, Anthony Lynch and Paul Roorda--are also subjects of the complaints.

Pellien told the paper he felt like the university overreacted.

Everyone uses 'the 12th man.' It's a shame that people can actually buy and own words," he said. "We're not doing anything to harm their school, or take any business away from them or making any money off of it. It's just a fan organization that wants to save our Bills."
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Old 07-02-2014, 05:21 PM   #2
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Default Re: TAMU can suck a bag of cat balls

Go Bills.
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Old 07-02-2014, 06:48 PM   #3
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Default Re: TAMU can suck a bag of cat balls

Seriously, leave the poor guy alone. He's been through enough. I mean, he roots for the Bills.
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Old 07-02-2014, 07:21 PM   #4
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Default Re: TAMU can suck a bag of cat balls

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Seriously, leave the poor guy alone. He's been through enough. I mean, he roots for the Bills.
I Billieve!
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Old 07-02-2014, 06:56 PM   #5
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Default Re: TAMU can suck a bag of cat balls

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I'm curious as to why you decided to leave this line un-bolded:

Quote:
Texas A&M is subject to lose its trademark if it does not actively take action to protect it
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Old 07-02-2014, 07:24 PM   #6
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Default Re: TAMU can suck a bag of cat balls

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I'm curious as to why you decided to leave this line un-bolded:
Well, I'm not going to tell you. But I am sort of excited that you have rice shotgunning out of your ass about something I posted.
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Old 07-02-2014, 07:31 PM   #7
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Default Re: TAMU can suck a bag of cat balls

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Well, I'm not going to tell you. But I am sort of excited that you have rice shotgunning out of your ass about something I posted.
First of all: What???

Second: That changes the whole story. You make it sound like they are just being d*cks about someone messing with their trademark, but if they didn't do anything about it they could lose the trademark entirely.
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Old 07-02-2014, 07:37 PM   #8
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Default Re: TAMU can suck a bag of cat balls

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First of all: What???

Second: That changes the whole story. You make it sound like they are just being d*cks about someone messing with their trademark, but if they didn't do anything about it they could lose the trademark entirely.
So you honestly believe that if they don't pursue this guy in Buffalo hanging flyers for some Facebook page inside the local laundromat, and threaten him with litigation and MORE, they're going to lose their trademark on "The 12th Man".
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Old 07-02-2014, 08:46 PM   #9
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Default Re: TAMU can suck a bag of cat balls

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So you honestly believe that if they don't pursue this guy in Buffalo hanging flyers for some Facebook page inside the local laundromat, and threaten him with litigation and MORE, they're going to lose their trademark on "The 12th Man".
Its not him, its the courts. And they will if atm doesn't respond.
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Old 07-02-2014, 09:35 PM   #10
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Default Re: TAMU can suck a bag of cat balls

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So you honestly believe that if they don't pursue this guy in Buffalo hanging flyers for some Facebook page inside the local laundromat, and threaten him with litigation and MORE, they're going to lose their trademark on "The 12th Man".
As I said in my previous post, I have no idea if this is a legitimate claim, I just noticed it was in the post and you chose not to bold this sentence. I asked a legitimate question, and, instead of answering it, you responded with smart-ass remark.
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Old 07-03-2014, 11:13 AM   #11
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Default Re: TAMU can suck a bag of cat balls

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First of all: What???

Second: That changes the whole story. You make it sound like they are just being d*cks about someone messing with their trademark, but if they didn't do anything about it they could lose the trademark entirely.
It's not true. The marks can coexist. Happens all of the time. TAMU is greedy as f@ck. I would take this case though. 12th man is used so commonly now it is really diluted.
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Old 07-02-2014, 07:36 PM   #12
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Default Re: TAMU can suck a bag of cat balls

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Originally Posted by bhusc2002 View Post
I'm curious as to why you decided to leave this line un-bolded:
Do you think a school should be able to stop others from using that term in reference to their fan base, just because the school's fans used it first (assuming that is true)? This sort of thing has nothing to do with the purposes of trademark law and protection. No one is confused about the source of origin of some consumer product in an instance like this. This sort of litigation concerns so-called trademark dilution, which attempts to extend trademark protection well beyond any reasonable understanding of the law's purpose. See the Victor's Little Secret case for a really dumb example. Luckily, the Supreme Court dealt a blow to these "dilution" cases and ruled against Victoria's Secret in that case. But, that is why some trademark holders insist that they need to sue everyone for every single use of the mark lest they lose it. They are worried about the term becoming generic. But, so what if it does? It isn't like the 12th man operates to inform consumers about the source of origin of some product. It is just a nickname for a group of people who make nothing, sell nothing, and do nothing other than cheer as a group. It isn't a product brand connected with consumer good will or anything.
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Old 07-02-2014, 07:38 PM   #13
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Default Re: TAMU can suck a bag of cat balls

Seattle says high....and they have a flag for theirs

Last edited by Master Bedroom; 07-02-2014 at 07:49 PM.
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Old 07-02-2014, 07:39 PM   #14
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Default Re: TAMU can suck a bag of cat balls

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Seattle says high
Exactly. And we all know who the 12th man is there. Call him Supersonic Santa, or just "Jive Miguel, the Snowman of the North"
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Old 07-02-2014, 07:51 PM   #15
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Default Re: TAMU can suck a bag of cat balls

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Exactly. And we all know who the 12th man is there. Call him Supersonic Santa, or just "Jive Miguel, the Snowman of the North"
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Old 07-02-2014, 08:50 PM   #16
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Default Re: TAMU can suck a bag of cat balls

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Seattle says high....and they have a flag for theirs
Seattle also played an upfront nominal fee for them with an annual payment. Basically more proof that atm is simply protecting their interest and not being a jerk about it.
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Old 07-02-2014, 08:55 PM   #17
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Default Re: TAMU can suck a bag of cat balls

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Seattle also played an upfront nominal fee for them with an annual payment. Basically more proof that atm is simply protecting their interest and not being a jerk about it.

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Old 07-02-2014, 09:20 PM   #18
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Default Re: TAMU can suck a bag of cat balls

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Seattle also played an upfront nominal fee for them with an annual payment. Basically more proof that atm is simply protecting their interest and not being a jerk about it.
And, if this is true, then TAMU's dilution case is even more absurd. The point of a dilution claim is to stop use of the mark by others on the basis that it "blurs" the distinctive association of that mark with a singular company/institution. But, If they will let others use it for a "nominal fee," then TAMU itself is blurring the distinctive association of "12th Man" with TAMU.

If it isn't clear, I have a special for hatred trademark abuse, particularly dilution claims like this. And, I'm a huge Bills fan, so pardon my passion about such an insignificant news story.
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Old 07-02-2014, 09:30 PM   #19
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Default Re: TAMU can suck a bag of cat balls

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Do you think a school should be able to stop others from using that term in reference to their fan base, just because the school's fans used it first (assuming that is true)? This sort of thing has nothing to do with the purposes of trademark law and protection. No one is confused about the source of origin of some consumer product in an instance like this. This sort of litigation concerns so-called trademark dilution, which attempts to extend trademark protection well beyond any reasonable understanding of the law's purpose. See the Victor's Little Secret case for a really dumb example. Luckily, the Supreme Court dealt a blow to these "dilution" cases and ruled against Victoria's Secret in that case. But, that is why some trademark holders insist that they need to sue everyone for every single use of the mark lest they lose it. They are worried about the term becoming generic. But, so what if it does? It isn't like the 12th man operates to inform consumers about the source of origin of some product. It is just a nickname for a group of people who make nothing, sell nothing, and do nothing other than cheer as a group. It isn't a product brand connected with consumer good will or anything.
Absolutely not. I think the whole trademarking phrases and words thing is a complete load of crap, especially in this case, as several, if not all, football fanbases are referred to as "the 12th man" at one time or another. However, that wasn't the point to my post. My point was that it was stated in the article, and even the part he took out and quoted, that they could lose their trademark by not pursuing this. He bolded several lines before and a line after this sentence. I was simply wondering why he chose to leave that un-bolded.

Please note, I know next to nothing about trademark law, and whether or not this is a legitimate claim. I just noticed it was in the article.
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Old 07-02-2014, 09:37 PM   #20
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Default Re: TAMU can suck a bag of cat balls

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Absolutely not. I think the whole trademarking phrases and words thing is a complete load of crap, especially in this case, as several, if not all, football fanbases are referred to as "the 12th man" at one time or another. However, that wasn't the point to my post. My point was that it was stated in the article, and even the part he took out and quoted, that they could lose their trademark by not pursuing this. He bolded several lines before and a line after this sentence. I was simply wondering why he chose to leave that un-bolded.

Please note, I know next to nothing about trademark law, and whether or not this is a legitimate claim. I just noticed it was in the article.
I can understand where you were coming from, but I guess I wanted to emphasize that TAMU doesn't actually have to be this aggressive to protect the mark. Just because it says that in the article doesn't mean it is true. Lawyers are pretty good at convincing their clients that they need to spend a bunch of money on lawyers, often on unnecessary litigation like this. My old Intellectual Property professor used to bitch about it a lot, and I guess it rubbed off on me.
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