More Texas A&M; 12th Man Slogan Hilarity

by Sailor Ripley on May 31, 2025 2:50 PM CDT

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Bullshit

Pursuant to theTexas Constitution of 1876, the ag college in brazos county was a branch of The University of Texas. the agricltural and mechanical college of Texas became a separate legal entity on Sept 1, 1948.

The claim to the 12th Man moniker by tamu is based on a 1922 event involving E. King Gill. From 1922 to 1948 the ag college was a branch of The Universiy of Texas. If The University of Texas considered the 12 Man brand to be in the public domain from 1922 and 1948, tamu would have to explain how a term in the public domain became the property of tamu in 1990 when tamu applied for a trademark (68 years after tamu claims it was originated).

by Randolph Duke on May 31, 2025 3:16 PM CDT via mobile reply actions

Perhaps we can license it to them for a small fee.

How very droll.

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by Sailor Ripley on May 31, 2025 3:32 PM CDT up reply actions

Wow

This has to be the angriest and most petulant fanbase on the face of the earth. The bile that they unleash on message boards toes the line between hilarious and frightening. Thank god people from this school don’t get elected to high public offices.

by Big(g) Ern on May 31, 2025 4:13 PM CDT reply actions 1 recs

Or

appoint members to the UT Board of Regents. Just think how scary that would be . . .

by Major Cult on Jun 1, 2025 11:15 AM CDT up reply actions

Basic question for the lawyers...

I don’t know much about trademarks. If they function anything like patents though, just because you have one doesn’t mean it will hold up/be enforceable in court. There are a great many patents written and accepted that don’t stand up to litigation. Are trademarks similar?

If the Aggies only applied in 1990 for this (as indicated above), would it stand up to a legal challenge? Particularly if it can be demonstrated that they didn’t originate the statement (which I imagine is pretty likely)?

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by Reggieball on May 31, 2025 5:01 PM CDT reply actions

Money

There is considerable doubt on the validity of of the aggie’s claim to the “12th Man” trademark. That being said, a challenge would cost more than the license fee the ags are demanding. I believe the ags are asking $7,500/ year from D.C. United as a license fee, so the amount to avoid a challenge is cheaper than the cost of a challenge.

The real question is whether the slogan was in the public domain prior to 1990. The ags have a huge emotional attachment to the slogan and would reasonably throw money at a court fight.

The Texas Agricultural and Mechanical College System was not a legal entity until 1948, so any claim the ags have to the slogan would depend on whether The University of Texas considered the slogan to be in the public domain between 1922 (original use) and 1948 when the Texas Legislature changed the status of the ag college from a branch of UT (pursuant to the 1876 Constitution) to a stand alone college system.

Until someone believes the license fee to be more than the cost of a court challenge we may never know the validity of their claim to the trademark. However, their claim based on 1922 original use is specious at best unless they can show a transfer of intellectual property rights from 1948 when they were cut loose from UT.

by Randolph Duke on Jun 1, 2025 12:38 AM CDT via mobile up reply actions