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Old 07-02-2014, 10:15 PM   #41
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Default Re: TAMU can suck a bag of cat balls

If Auburn was litigious they could own Clemson.
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Old 07-02-2014, 10:19 PM   #42
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Default Re: TAMU can suck a bag of cat balls

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Originally Posted by Transmaniacon View Post
This has nothing to do with capitalism. Tamu has no legal claim. If you disagree, explain. My point is that suit was brought despite it being rather obvious that there is no merit, which is abusive behavior. The systemic problem, if one exists, is that Tamu risks nothing in bringing the suit other than bad press. So, the Bills fan did exactly what he should have.
The entity with more money is driving the conversation. Atm may well have filed suit before a violation, but they covered their ass.
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Old 07-02-2014, 10:23 PM   #43
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Default Re: TAMU can suck a bag of cat balls

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Originally Posted by StormOfTalons View Post


Yeah...they suck soooooo hard for actually trying to protect what's legally theirs.

I feel sorry for that dude but a trademark is a trademark...they exist for a reason. And I doubt there would be nearly as much outrage over this is the dude wasn't handicapped.
What "reason" might be offered for protecting TAMU's exclusive right to use that term as a nickname for its fan base? Do you think this is a "reason" the public would support? The typical justifications for trademark law don't apply to cases like this at all. The "12th Man" doesn't refer to TAMU as an institution. It refers to fans. It isn't a brand name for any commercial product. No purchasing decisions depend upon consumers using the mark as a reliable signal relating to the product seller. This is just a school trying to monopolize use of a nickname.

Trademark laws do serve a legitimate purpose, but this nonsense goes well beyond that purpose. And, again, the Federal Trademark Dilution Revision Act specifically exempts non-commercial use of marks from dilution liability, so TAMU simply doesn't have a case. They have muscle.
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Old 07-02-2014, 10:39 PM   #44
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Default Re: TAMU can suck a bag of cat balls

This is the stupidest law ever. No one should be able to trademark a phrase let alone a word.
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Old 07-02-2014, 11:06 PM   #45
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Default Re: TAMU can suck a bag of cat balls

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Originally Posted by bhusc2002 View Post
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.
Maybe because I don't like people talking to me like my mother would. Stand down soldier it's just a message board for chrissakes
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Old 07-03-2014, 02:13 AM   #46
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Default Re: TAMU can suck a bag of cat balls

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Originally Posted by Transmaniacon View Post

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.
Well that makes more sense and I understand your animosity. However in this case of Ip/trademark law if the trademark would have never been registered then they would have no case but seeing as someone albeit someone that we all feel for and you feel for more so as a fellow bills fan is using an intellectual property of tamu they are within their rights to take legal action. One of the most important things in trademarking is the date of first use and they had the foresight to capitalize before others. Whether it can be viewed as bullying is not relevant. As far as pressing this guy for damages if they continue to push after he stops using it then this is total Bullskit.
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Old 07-03-2014, 02:15 AM   #47
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Default Re: TAMU can suck a bag of cat balls

So someone making a tissue brand called Joe's Kleenex's is ok? Just because most people call all tissues Kleenex?
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Old 07-03-2014, 02:18 AM   #48
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Default Re: TAMU can suck a bag of cat balls

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Originally Posted by rioninusc View Post
This is the stupidest law ever. No one should be able to trademark a phrase let alone a word.
Well that's another can of worms it was made a law that people are allowed to do just that and you know how it works when something is a law they can bend it and break that sucker to no end.
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Old 07-03-2014, 03:48 AM   #49
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Default Re: TAMU can suck a bag of cat balls

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Originally Posted by CockyLifer View Post
So someone making a tissue brand called Joe's Kleenex's is ok? Just because most people call all tissues Kleenex?
Well, first of all, that would be an infringement claim, not a dilution claim, something I've tried to emphasize in my prior comments in this thread. In your example, Joe's Kleenex is competing with the trademark holder and using the mark on its product, thus appropriating consumer goodwill associated with Kleenex products.

This is precisely what Trademark law was developed to prevent: Company A sells a product under name/mark X and overtime engenders trust and goodwill toward its brand, then Company B swoops in and markets a similar product in the same market but deceptively uses the mark to suggest association with Company A and benefit from unearned trust and goodwill. The point of trademark is to provide an environment in which suppliers can develop, through the use of distinctive marks on products, reliable and sustainable relationships of trust with consumers that allow consumers to identify the source of origin of the products they buy. Seems simple enough.

So, when you buy Heinz ketchup, you want to be sure that it is the same product that was marked that way last time you bought it, not some imposter trying to pass off the inferior sauce as primo Heinz. Infringement cases deal with suits brought against competitors for these types of shenanigans.

Dilution, on the other hand, refers to non-competitive use of your mark that "blurs" the distinctive association of that mark with your company. Say, for instance, that you want to start a bar called The Kleenex. No one would be confused by the name to believe that the tissue company owns and runs the bar. But, the tissue company still doesn't want a thousand other companies using the name in association with something other than the tissue company. It makes the name less special and robs the mark of some value.

Now, this is much trickier territory from a public policy standpoint, so legal protection from dilution is limited in a few ways. First, protection is only available to very famous marks for which there is widely acknowledged association with a particular source. Secondly, protection doesn't extend just any use of the mark. You may recall the Barbie Girl song from years ago. Well that led to a famous case where Matel sued the song's distributor for damages and an injunction. Matel lost because the actual use of the mark was non-commercial (even though the song was commercially sold), since the mark was used just as a song title and not as a brand name for the song's artist or distributor.

So, non commercial use is just one of several exemptions. Fair use is another. Parody/satire is protected, etc. The point is the dilution claims don't give trademark holders free reign over the use of a word. If you want to wear a Tshirt that says Buttweiser across the chest, Budweiser can't stop you. If you want to name your first born "Steely Dan Rather," neither Donald Fagan nor William Burroughs' estate can stop you. This suit brought by TAMU is a dilution case targeting noncommercial use a phrase that (whether TAMU likes it or not) is often applied without confusion to non-Aggie fans. So, not only does the phrase lack a widely acknowledged unique association with one fan base, it is being used no commercially by this Bills fan. So, TAMU has 2 huge problems with a claim like this.

Sorry for the long-winded explanation, but I felt the need to stress one last time (as clearly as possible) that the law does not give TAMU the power to stop this. They don't give a shit, though.

Last edited by Transmaniacon; 07-03-2014 at 04:02 AM.
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Old 07-03-2014, 04:17 AM   #50
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Default Re: TAMU can suck a bag of cat balls

Its interesting how the author got everyone's emotions involved by making it clear that a "double amputee" was being sued by the big bad TAMU. That little tidbit has nothing to do with the claim but without it, only half of the people that read this story would read it in the first place.
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Old 07-03-2014, 06:12 AM   #51
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Default Re: TAMU can suck a bag of cat balls

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Originally Posted by Transmaniacon View Post
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.
How this applies to trademark laws is a question I can't answer. However, your characterization of the 12th man being just a nickname for a group that cheer isn't accurate.

It's my suspicion your other posts after this one quoted might be wrong considering your premise is wrong.

The 12th Man isn't limited to just a group of cheering fans, it deals with several facets surrounding A&M. Some of these include philanthropic endowments including those designated towards academics. That in itself contradicts your statement about "doing nothing other than cheering as a group."

The 12th Man Foundation fund raising efforts are seen in their football facilities, the renovations and improvements to the softball and track and field facilities.

Most know of this group as the main Booster Club of A&M.

Let's assume I decided to start a website or company called GamecockClubPower(.com) that offered nutrients for livestock (or something like that.) Would the same argument apply then as the one you're using now?
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Old 07-03-2014, 06:40 AM   #52
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Default Re: TAMU can suck a bag of cat balls

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We should trademark "Touchdown" and "TD" then sue the shit out of anyone who uses it. We'll own ESPN by the end of the year.
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Originally Posted by Cockypantherfan View Post
Then they will hate us even more.
Then we can trademark their hatred too
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Old 07-03-2014, 06:50 AM   #53
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Default Re: TAMU can suck a bag of cat balls

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We should trademark the 55 yard line
The Canadian Football League would have a prior claim, but who cares
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Old 07-03-2014, 07:08 AM   #54
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Default Re: TAMU can suck a bag of cat balls

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Maybe because I don't like people talking to me like my mother would. Stand down soldier it's just a message board for chrissakes
So, please tell me how I should have worded the below differently to not sound like your mother would:

Quote:
I'm curious as to why you decided to leave this line un-bolded:
I'm not sure I'm the one that's freaking out and needs to "stand down". I asked a legitimate question, and you respond saying I have "rice shotgunning out" of my ass.
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Old 07-03-2014, 07:51 AM   #55
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Default Re: TAMU can suck a bag of cat balls

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So, please tell me how I should have worded the below differently to not sound like your mother would:

I'm not sure I'm the one that's freaking out and needs to "stand down". I asked a legitimate question, and you respond saying I have "rice shotgunning out" of my ass.
Now you've transitioned to a parent I've never had, one that requires a special point-by-point analytical walk through of a silly comment in order to prove a point and feel superior, it's obvious you want to get a rise out of people but unfortunately I'm not going to play anymore, I'm not in the mood, good day to you man
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Old 07-03-2014, 09:21 AM   #56
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Default Re: TAMU can suck a bag of cat balls

So did they do something wrong here?
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Old 07-03-2014, 11:12 AM   #57
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Default Re: TAMU can suck a bag of cat balls

Seems to me that the most offensive part of this story is that this guy and other people may think that he should be able to do whatever he wants because he is disabled.

The issue of his disabilities is completely irrelevant and should never have been mentioned. Last I checked, being disabled does not make you immune to lawsuits.
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Old 07-03-2014, 11:13 AM   #58
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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 07-03-2014, 11:19 AM   #59
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Default Re: TAMU can suck a bag of cat balls

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So did they do something wrong here?
TAMU is certainly within its rights to file the action. but the statement that TAMU would be subject to lose its mark is untrue.
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Old 07-03-2014, 01:07 PM   #60
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Default Re: TAMU can suck a bag of cat balls

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Now you've transitioned to a parent I've never had, one that requires a special point-by-point analytical walk through of a silly comment in order to prove a point and feel superior, it's obvious you want to get a rise out of people but unfortunately I'm not going to play anymore, I'm not in the mood, good day to you man
What are you talking about? I asked a simple question, and you decided to give a smart-ass response. I'm not trying to feel superior to or get a rise out of anyone. All you had to do was say something like "because that line is crap and they are in no danger of losing their trademark" and that would have been the end of it.
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