To answer your questions Jobu,
From a legal perspective the granting of the copyrights/trademarks for the game previously MAY have an impact on the use of the phrase "home of the 12th man," but I wouldn't count on it covering this issue. First, i imagine the previous license (use of stadium, unis, traditions etc.) is a broad license they got from the NCAA and not each individual team. Also, I'm pretty sure that a license of that type would not allow EA to use the said trademarks/copyrights outside the context of each respective team.
Thus, using the "home of the 12th man" outside of showing it on our stadium during the game wouldn't be allowed.
Also, this IS similar to the Seattle situation as EA is using this feature they have created to promote their game and thus make money.
While the "Home of the 12th Man" feature may be something they created and is a great improvement to the game itself, they cannot use the phrase without A&M's permission.
A&m has to protect its trademark lest most of America (which, by the way, doesn't know that A&M is the Home of the 12th Man) think it is just a feature on a video game and the trademark is worthless to us later.
Imagine an 14 yr old kid in Minnesota who knows nothing about A&M. When he meets an Aggie later in life and the Ag goes on and on about "Home of the 12th Man" the kid is just gonna assume we stole that phrase from a video game. While most of us wouldn't care what that kid thought, it might mean we can't sell him a T Shirt with the phrase on it and he opts for a TU shirt instead. Now multiply that times millions of kids across the country for the next few years while that "feature" is in the game.
That's the reason A&M should care about this and why the Seattle license should never have been granted. Ignorant people will assume we are copying the idea from Seattle, EA, ESPN whatever if we start giving the liscense away without the context of our school.
This is very important....legally speaking.