Seahawks face another foe this week: '12th Man' case goes to court today

SEATTLE -- As if the Terrible Towel-twirling faithful of the Pittsburgh Steelers weren't enough, now Seattle Seahawks fans have to ward off another set of rabid football partisans: the Aggies of Texas A&M.

Ever since the university launched a trademark dispute this week over who is allowed to refer to their fans as the "12th Man," David Israel has attracted plenty of abuse.

Israel is president of the Seahawks' official fan club. Aggies alumni have sent him "rude e-mails" demanding he remove the free "12th Man" computer wallpaper from the club's Web site, the same way the school wants to halt Seattle from using the "12th Man" trademarked phrase.

"Who the hell do they think they are?" R.C. Merz said while making sandwiches at a lunch counter in Pike Place Market. "They didn't invent football."

Although they don't claim rights to the actual number "12," the Aggies do hold federal trademark rights to the phrase "12th Man." A judge will take up the matter today in court in Brazos County, Texas.

On Monday, a restraining order was issued calling on Seattle to halt any usage of "12th Man," or "12th Mania."

A&M's chief marketing officer, Steve Moore, said he didn't want to ruin Seattle's fun, he just wanted to protect the university's trademarks.

Seahawks officials have declined to comment on the matter.

The origins of the term aren't exactly clear, but the traditions in Seattle and at the Aggies' campus in College Station date back decades.

In 1984, the Seahawks retired the number 12 to honor the fans who made the old Kingdome one of the noisiest stadiums in football. Today it hangs alongside Hall of Fame receiver Steve Largent's No. 80.

During the Seahawks' run through the playoffs, a huge flag with the fans' No. 12 has flown from the top of the Space Needle. A flag with the same symbol greeted the Seahawks at their Detroit-area hotel for the Super Bowl.

The Aggies trace their 12th Man tradition to 1922, 11 years before the first NFL championship game and 44 years before the first Super Bowl.

The injury-depleted Aggies pulled E. King Gill, a student, from the stands and suited him up to play. Gill never did take to the field, but the legend spurred a campus-wide commitment to support the team. The words "Home of 12th Man" adorn the stadium.

University of Washington intellectual property professor Dan Laster said companies must vigorously protect and enforce trademarks, and he's not sure the Aggies did that.

"There definitely are questions about whether Texas A&M may have waited too long to assert any trademark right," he said.

"Even if Texas A&M has a valid trademark for '12th Man,' they could not preclude anyone from saying they love the 12th Man," Laster said.