FSU backs down to aTm

By: PMS208 on June 3, 2014, 4:53 PM | 9 comments

Story here:

http://msn.foxsports.com/southwest/story/texas-a-m-responds-to-florida-s...

It is definitely off-season slow news.

Read the comments.

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PMS208's picture PMS208 | 12 years 1 month #

Before:

After:

#Let's Go - Hokies

Egbert's picture Egbert
BEER
| 12 years 1 month #

6game season tickets are only $240?

This is going to be great for the ACC.

HorseOnATreadmill's picture HorseOnATreadmill
| 12 years 1 month #

This whole 12th man thing with aTm is gonna have to go. Everyone is and has called their fans the 12th man at some point, that nomenclature has gotta be public domain at this point.

zomfgbbqhax's picture zomfgbbqhax | 12 years 1 month # ^

I know, I'm surprised they haven't tried anything crazy with Seattle. A lot the aTm fans and alums I know down here get really mad when you refer to any other team's fans as the 12th man. It's amusing.

Blue Collar Hokie's picture Blue Collar Hokie | 12 years 1 month # ^

there was a whole discussion about this just other day on r/cfb:
http://www.reddit.com/r/CFB/comments/27408f/til_the_university_of_minnes...

apparently minnesota and iowa used it decades before atm, and soccer clubs in scotland have been using it forever before that. so while it's a cool tradition and all i cant understand how they can charge the seahawks a penny to use it.

"That kid you're talking to right there, I think he played his nuts off! And you can quote me on that shit!" -Bud Foster

VTGuitarMan's picture VTGuitarMan
🎸OG LEG KING 🎸
| 12 years 1 month # ^

Very true. I think that the "12th man" phrase really is public domain. I mean, is A&M going to charge E$PN for every time they've said it during a VT game? Please. It's ridiculous, but I guess he who files for a trademark first wins, regardless of whoever actually originated it.

"Exit light..."

coldblood4vt's picture coldblood4vt
| 12 years 1 month # ^

"It's ridiculous, but I guess he who files for a trademark first wins, regardless of whoever actually originated it."

This is the key. They have the trademark, so no matter how ridiculous some may think it is, they can exercise their right to protect it however they see fit. I do not think E$PN saying it on a broadcast is a violation of said trademark, but F$U using it in an advertisement is. I am by no means an expert, however (paging all KeyPlay lawyers).

I would also not be surprised if aTm would send a strongly worded letter to E$PN in the scenario you listed above suggesting that they refrain from doing that in the future. It is really up to E$PN to decide whether or not to go along and play nice or just ignore it like they do with our requests regarding proper pronunciations of our school name. I could also see aTm's lawyers deciding that taking on E$PN is not a prudent course of action, while taking on F$U is more like taking on someone their own size, especially in this situation where they have a significant, legal leg to stand on.

"Nope, launch him into the sun and fart on him on the way up"
-gobble gobble chumps

"11-0, bro"
-Hunter Carpenter (probably)

vtphoenix's picture vtphoenix | 12 years 1 month # ^

In the terms of ESPN saying it during broadcasts, it's considered fair use, even if it's not promoting aTm. They aren't selling any other school by the term, they aren't trying to market it. FSU was using the term in marketing, which is a big no no in terms of trademarks or copyrights.

It's a widely used phrase, but aTm wanted to market with it, so they got it. They actually sell stuff with "Home of the 12th Man" and such. It would be similar to people using Hokies or the Hokie Bird in something to try to sell something. You have to get clearance to do so.