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Texas A&M sues NFL's Colts over 12th Man

By The Sports Xchange
Indianapolis Colts cheerleaders cheer for their team against the Denver Broncos at Lucas Oil Stadium in Indianapolis, Indiana, November 8, 2015. Photo by John Sommers II/UPI
1 of 3 | Indianapolis Colts cheerleaders cheer for their team against the Denver Broncos at Lucas Oil Stadium in Indianapolis, Indiana, November 8, 2015. Photo by John Sommers II/UPI | License Photo

Texas A&M, in an attempt to protect their 12th Man trademark, filed a federal lawsuit against the Indianapolis Colts on Thursday in Houston.

The university trademarked the football team's "Home of the 12th Man" name in 1990. The suit isn't an attempt to attack the Colts but simply to protect the trademark, school officials said.

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A&M previously sued the Seattle Seahawks for trademark infringement and worked out a settlement.

Texas A&M chancellor John Sharp said at a board of regents meeting that repeated attempts to keep the Colts from using the "12th Man" trademark failed and the school proceeded with the lawsuit in district court.

In July, the Colts sent an email to sell tickets that included the phrase "Join The 12th Man." The Colts also used "12th Man" on merchandise and have issued a "12th Man award" to a fan during games.

"Texas A&M University is the Home of the 12th Man which has brought our fan base national renown," school president Michael K. Young said in a statement. "We would prefer not to file lawsuits to protect our trademarks. However, when our intellectual property, especially the 12th Man mark which is so important to our students and former students, is used without our permission after repeated attempts to engage on the matter, we are left with no choice."

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Colts spokesman Avis Roper told ESPN.com that the team was unaware of Texas A&M's legal action.

In the Seahawks' case, the settlement gave the NFL team the license to use the phrase for $5,000 a year. The Buffalo Bills also have "12th Man" officially licensed through Texas A&M.

Texas A&M's "12th Man" tradition dates to 1922, when a student came out of the crowd and put on a uniform.

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