Court Explains Fair Use To Lawyers Who Sued Westlaw & LexisNexis For Aggregating Legal Filings

Texas A&M Plays Hardball With A Double Amputee Over 12th Man Trademark

from the bully-for-you dept

Tue, Jul 8th 2014 3:38pm — Timothy Geigner

You may recall past stories here covering Texas A&M and their aggressive protection of their trademarked phrase, "The 12th Man." That phrase refers to the crowd within football games cheering and/or booing loudly enough to have an effect on what happens on the field of play. Even in situations where the target of A&M's ire isn't actually competing against the school for anything commercial, the cease and desist letters are still sent. We've also discussed how organizations could protect their trademarks by offering $1 licensing rights to the phrase, thereby maintaining their mark while engendering some good will.

Well, boy, you'd think that such a scheme might be best used when a double-amputee cancer-survivor starts a website in Buffalo, NY called 12thmanthunder.com, dedicated to keeping the Bills in Buffalo. But, nope, A&M still went legal on him.

Charles Sonntag co-founded 12thManThunder.com, a website for people who wanted to keep the Bills in Buffalo. The Aggies are threatening to sue Sonntag for infringing on the "12th Man." Legally, it's an open question as to whether Sonntag's website actually infringes on A&M's mark. There's almost no likelihood of confusion between 12thManThunder in Buffalo and the College Station fan base. The Buffalo Bills — the actual NFL football team — ALSO have a deal with A&M to use the phrase. So it's not like A&M objects in principle to other people in far off places using the 12th Man. It's that they object to people using it without paying them a pound of flesh.

However, Charles Sonntag just happens to be a double amputee, cancer survivor who suffers from Albright's disease. He can't afford attorneys who can litigate this case — and he does have some kind of defense that his use does not infringe on A&M's mark — and he can't afford to pay A&M whatever it wants in "leave me alone" money.

Damn, I forgot about the Albright's disease, which presents as a skin and bone deformity in the legs, arms and skull. But, hey, I guess with old Chuck missing an arm and a leg, we shouldn't fully credit any sympathetic status for the Albright's, right Texas A&M? I mean, he's already chock full of PR-nightmare-fluid with the whole cancer and amputee thing. Yet, not only did the Aggies go after him, they pressed the issue when they felt he wasn't complying fast enough.

Texas A&M spokesman Shane Hinckley said the website's owners have been too slow to respond.

A&M wants all the 12thManThunder posters taken down (some are posted at area bars), and they want the Facebook group named changed. Did I mention that Sonntag is a double amputee? HE HAS ONE ARM AND ONE LEG! Could we give him a minute to deal with all of this?

Forget the damned minute and work out a micro-cost licensing agreement with him. Hell, can we get a more clear-cut case of trademark bullying than this?

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Filed Under: 12th man, trademark
Companies: texas a&m

32 Comments

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Anonymouse, 8 Jul 2014 @ 3:56pm

I guess the lawyers would be the 13th Man?
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Get off my cyber-lawn! (profile), 8 Jul 2014 @ 4:00pm

Everything is bigger in Texas!
...including the idiots.
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That One Guy (profile), 8 Jul 2014 @ 4:01pm

Companies with 'jumpy' lawyers really should keep an independent PR team/company on retainer, for situations like this, so they can get an outside opinion as to just what a particular legal action will look like before committing PR suicide.
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AricTheRed (profile), 8 Jul 2014 @ 4:08pm

Bussier than a...
Sounds like Charles Sonntag is going to bussier than a one armed paper un-hanger, getting those posters down before the MIGHT of Texas A&M comes crashing down and wrecks his other arm & leg.

Hope they dont go after any damages, cause if this cost him another "Arm and a Leg" it seems it'll go bad for everyone.
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- wesley (profile), 9 Jul 2014 @ 8:19am
  
  Re: Bussier than a...
  you ignorant troll, you should be ashamed of yourself
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miatajim (profile), 8 Jul 2014 @ 4:14pm

Pophat smoke signal.
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- Anonymous Coward, 8 Jul 2014 @ 4:39pm
  
  Re:
  Definitely! Go Get 'em Ken!
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  - sorrykb (profile), 8 Jul 2014 @ 6:44pm
    
    Re: Re:
    Definitely! Go Get 'em Ken!
    
    Aw, c'mon, Ken just got back. Let's give him a bit of a break.
    
    I'm guessing this might also attract enough negative public attention that someone at Texas A&M will see, if not reason, at least the PR nightmare. Maybe. I've thought that before and been wrong.
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Anonymous Coward, 8 Jul 2014 @ 4:42pm

I'm so confused by the use of this trademark by someone other than Texas A&M, how is anyone to know the difference?
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This comment has been flagged by the community. Click here to show it

Whatever, 8 Jul 2014 @ 5:40pm

Mike Masnick just hates it when copyright law is enforced.
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- Whatever, 8 Jul 2014 @ 6:30pm
  
  Re:
  Mike Masnick just hates it when copyright law is abused.
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- Gracey (profile), 8 Jul 2014 @ 6:44pm
  
  Re:
  What copyright?
  
  Trademark and copyright are not the same thing.
  
  ... doncha just hate it when someone doesn't read the article before commenting?
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- Anonymous Coward, 8 Jul 2014 @ 11:46pm
  
  Re:
  It wasn't insightful or funny the first time, and it sure as hell hasn't gotten any better.
  [ link to this | view in chronology ]
- Anonymous Coward, 9 Jul 2014 @ 3:58am
  
  Re:
  "Forgot" to log in again, jackass?
  [ link to this | view in chronology ]
  - andy, 9 Jul 2014 @ 5:12am
    
    Re: Re:
    WOW so much anger over someone using the internet anonymity.
    
    Everyone has the right to anonymity on the internet that is something this website has discussed many many times and you attacking that sounds very suspicious, maybe the admins should start investigating you and your other actions on the internet, then show how you are nothing but a troll to be ignored.
    
    Or do you have other reasons to gain peoples real names, maybe so that you can search for more details about them and make their lives hell by hacking into their details because you are so offended by their comment. If anything you need to be investigated for intrusions into others lives.But I would almost guarantee that you use an assumed name in fear of becoming a target. Yes some people who post here are public and leave their names but many or most are probably like me someone who just disagrees or agrees with comments and stories and wants to make a comment.
    [ link to this | view in chronology ]
    - Anonymous Coward, 9 Jul 2014 @ 6:19am
      
      Re: Re: Re:
      Except that this isn't the first time this asshole has posted shit like this.
      
      ...Hell, he posts shit regardless of whether he logs in or out.
      [ link to this | view in chronology ]
Capt ICE Enforcer, 8 Jul 2014 @ 5:47pm

Shouldn't but I did,
I am a glass half full person. If he lost his left arm and left leg then he should be ALL RIGHT...
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- wesley (profile), 9 Jul 2014 @ 8:28am
  
  Re: Shouldn't but I did,
  no you shouldn't have...you're a sick, sick excuse for a human being
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MrTroy (profile), 8 Jul 2014 @ 7:55pm

Slight cynicism
Maybe I'm a proponent of too much equality, but isn't the fact that Sonntag is a grassroots supporter that can't afford lawyers more relevant to the article than his health situation?

I mean, I feel compassion for what he has to live with and wish him the best with making the most of his life (including trying to keep his local sports team local), but I think Texas A&M's actions would be just as bullying if Sonntag happened to be a playboy millionaire with perfect hair; the major difference being I hope the playboy would force the matter to court to try to push a useful precedent.
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- AnonyBabs, 9 Jul 2014 @ 2:03pm
  
  Re: Slight cynicism
  Yeah, this. I suppose the authors' intent is to emphasize the utter heartlessness of Texas A&M, but it's the same level of trademark bullying regardless of the victim's circumstances.
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sinsi (profile), 9 Jul 2014 @ 2:47am

First thing I thought of
https://www.youtube.com/watch?v=_TjR1QkoNbc
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Anonymous Coward, 9 Jul 2014 @ 4:55am

umm...
Semms Texas A&M reached an agreement with the Seattle Seahawks on this. It would be nice if they would deal with someone who is a fan trying to build support for his team (not really commercial use, imho) - considering the Aggies are going to likely make a mint from the 'hawks on the new contract.

https://en.wikipedia.org/wiki/Seattle_Seahawks#12th_Man

http://www.cybersportsblog.com/06arc hives/may/12th-man-trademark-lawsuit.html

http://www.forbes.com/sites/aliciajessop/2014/01/31/texas-a m-stands-to-earn-more-in-upcoming-12th-man-trademark-licensing-negotiations-as-seahawks-exposure-ris es/
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- Anonymous Coward, 9 Jul 2014 @ 7:49am
  
  Re: umm...
  Yeah, but A&M wants an arm and a leg for licensing deals like that which is a little more than he can afford to pay.
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  - wesley (profile), 9 Jul 2014 @ 8:31am
    
    Re: Re: umm...
    your puns are disgusting, and only show your ignorance!
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    - Anonymous Coward, 9 Jul 2014 @ 8:56am
      
      Re: Re: Re: umm...
      I suppose A&M lawyers figure this will be an easy case since the where the defense won't be able to stand up in court.
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      - Anonymous Coward, 9 Jul 2014 @ 11:20am
        
        Re: Re: Re: Re: umm...
        Not even the least little bit amusing..........and you have absolutely no idea what you're talking about, so crawl back under your rock and stop wasting our time with your small-minded nonsense!
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        wesley, 10 Jul 2014 @ 8:14am
        
        Re: Re: Re: Re: Re: umm...
        (this comment is FOR anonymous coward)
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    - Anonymous Coward, 9 Jul 2014 @ 9:02am
      
      Re: Re: Re: umm...
      Maybe he should just change the domain of the site to the 11andahalfmanthunder.com.
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Michael, 9 Jul 2014 @ 5:18am

I'm not sure how "12th Man" isn't too descriptive to get trademark protection in the first place. Are you basically screwed for describing groups of men with more then 11 members?
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Vidiot (profile), 9 Jul 2014 @ 5:29am

This just in
Breaking news...

Texas A&M sued by Graham Greene, Somerset Maugham and Paddy Chayefsky, from beyond the grave, over potential confusion between "The Tenth Man" (each author used that title for a play or book) and their stupid football cheer.

I'm mostly confused as to why a trademark was granted. Great danger of confusion over that.
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Test, 9 Jul 2014 @ 9:04am

tl;dr, is it about sports?
tl;dr, but I must ask, is this about sports? lol

Good God, where's my A&M F&M radio, i bet you bastards stole it..

I hate SPORTS now. used to love it.

Their ARENA's are FEMA torture camps.
F- that. Your on your own.

You make ME pay for your god damn sports. Which ya also have made FEMA agreements with?! I don't want the thing built! I dont trust YOU OR FEMA - not until the oath breakers are rounded DOWN to ft leavenworth.

When You got four flats and having a bad day in every other possible way while the public is surrounding you, you'll know it's the Universe calling on ya for being a fascist psychopath

--- test pilot dummy, my true dream was always to be that FIREBALL you see in the sky!
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Anonymous Coward, 9 Jul 2014 @ 11:32am

FYI He does NOT have Albright's disease!
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