Just because a term is in existence, doesn't mean its generic. Bevo, longhorn, Texas and hookem all existed and were associated with other things than UT prior to your alma maters trademarking. I find it completely hypocritical on your part that you think A&M shouldn't make money off the 12th man even though in this same thread you bragged about UT being better at making money. They make a good junk of their money through licensing of generic terms, at least according to your definition, so much money in fact that they would have lost money this year as an athletic department without those licensing fees. How do you justify UT being #1 in licensing apparel off of trademarked terms that all fit your definition of generic, while you rip A&M for their use of 1 term we've used consistently since 1921 that also has a unique story behind it that increasing the meaning of the 12th man?



[This message has been edited by AgStuckinLBK (edited 2/18/2014 8:41a).]

You, a non-lawyer, non-trademark specialist, are basing your entire argument off of what you think is a definition of generic.

You are not qualified by anybody to make that assessment. So once again:

That's just like your opinion, man is your whole argument.

This guys' ENTIRE argument is that A&M is petty.

He's happy to slam "his" school for cred.

It's time to stop disemboweling the troll.

Please.

I can live with his opinion that A&M is petty.
After all, his opinions on this thread are like bowling pins...

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This guys' ENTIRE argument is that A&M is petty.

He's happy to slam "his" school for cred.

It's time to stop disemboweling the troll.

Please.

I can live with his opinion that A&M is petty.
After all, his opinions on this thread are like bowling pins...

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His belief is that were petty and everything we do is evidence against us. Despite the fact that if any one of us would have posted anything similar that he has on any UT website, we would have been banned.

Relax. He agrees with us that everything A&M is doing is to protect it' trademark, and they're doing a good job.

I want to see Randy2 answer Stringer's questions. Football questions are way more interesting right now.

I think he's hilarious. Everything that he rips A&M or Aggies for, UT and its fans are doing exactly the same or even worse.

They don't care about those at this particular time, Telco

[This message has been edited by Dr. Abbott, DDs (edited 2/18/2014 8:55a).]

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...but are you at all concerned about charlie strong's inability to recruit?

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It’s early days, but abso-****in-lutely. I’m used to Top 10 classes basically locked up months before signing day. Butterteeth spoiled me good on recruiting, and I do not think Strong has the same capability. Few have the recruiting capability of Mack Brown. Dude was a beast on recruiting.

There are some comforts. A&M isn’t on the schedule during A&M’s biggest rise and domination of in-state recruiting and Oklahoma isn’t beating us in recruiting. Strong might be able to pull it together and bring in Top 10 classes starting with 2016. But I’m not too hopeful on that last one. We’ll see.

Also, I hate Shawn Watson. If he got fired tomorrow I’d have a celebratory drink (hell I’d do that anyway). I have a ton of reasons to be extremely skeptical about the current staff. It’s overshadowed by how glad I am that Mack is gone. Glory glory hallelujah.

I do know that Charlie Strong has done excellent work in his short time as a head coach and has won a conference championship. That’s good enough to keep me from calling for blood until he has a couple of seasons under his belt. I’d been calling for Mack’s head since Iowa State 2010. I don’t have much patience for men who stumble along making $5M/year.

Early days, man, early days.

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They're more concerned about A&M losing than their own school winning. Tells you all you need to know about the current landscape.

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Says a guy posting in “Old Rivalries”.

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I find it completely hypocritical on your part that you think A&M shouldn't make money off the 12th man even though in this same thread you bragged about UT being better at making money.

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I’m fine with A&M making money off 12th Man. Stack that paper up to the ceiling. Come win some revenue national championships with us. Sue the pants off anyone who tries to make money off A&M’s version of “12th Man”.

- I do not like A&M attempting to keep others from using “12th Man”.
- I do not like the petty *****assedness with which A&M conducts itself regarding the trademark and others’ use of it.

You can not care that I don’t like it. But you do care. It’s why you’re reading and responding.

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This guys' ENTIRE argument is that A&M is petty.

He's happy to slam "his" school for cred.

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For cred? Son, you’re mixed up. I can be critical of my university and it doesn’t harm my love for my university at all. My love of Texas is not wrapped up in what the admin does.

Ye shall know the truth and the truth shall make you free.

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I think he's hilarious. Everything that he rips A&M or Aggies for, UT and its fans are doing exactly the same or even worse.

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Thanks for catching up. I know you guys aren’t used to seeing a fan who is able to view his own university critically, so I’ve got you a little discombobulated.

Step out of the echo chamber every once in a while. It’ll do ya good.

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They don't care about those at this particular time, Telco

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Jesus Christ, man, I’ve got like 20 Ags slavering at me. I can’t post every 20 seconds.

If I post a lot to respond then I’m an obsessed weirdo.
If I don’t post a lot to respond then I’m a coward.

Go figure! WHOOP!


[This message has been edited by bad_teammate (edited 2/18/2014 9:02a).]

do you buy into the "stars dont matter" argument?

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Thanks for catching up. I know you guys aren’t used to seeing a fan who is able to view his own university critically, so I’ve got you a little discombobulated.

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Yeah, because that NEVER happens here.

What an absolute buffoon.

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- I do not like A&M attempting to keep others from using “12th Man”.

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Of course you don't.

Sip calls us petty for defending the 12th man trademark?

Pretty hypocritical From a school that will go after anybody for using any longhorn logo no matter how dissimilar it is to the sip logo.

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Sip calls us petty for defending the 12th man trademark?

Pretty hypocritical From a school that will go after anybody for using any longhorn logo no matter how dissimilar it is to the sip logo.

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Yeah, even though he brags about how much money UT makes, he doesn't support UT doing that, so it makes it perfectly okay for him to rip A&M for it. Makes sense? Didn't think so.

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Show me where the US trademark office states that generification can only occur if the trademark holder is also the inventor... You can't because such a ruling doesn't exist.

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Kleenex, Singer Sewing Machines, Coca-Cola, Otis Elevator, Xerox, Aspirin, Band-Aid, Scotch Tape, linoleum.

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And as expected, you remain entirely incapable of providing any ruling or regulation that requires the trademark holder to also be the inventor in order for generification to be a risk.

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To continue using "12th Man" on anything it wants, A&M merely has to continue using it and file the proper paperwork.

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That is what is required in order for A&M to retain ownership, as opposed to a copyright which has an expiration date. That does NOT mean that the trademark can't still be lost through generfication if A&M fails to demonstrate their willingness to defend their trademark.

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A&M is not at risk of losing the ability to market/sell "12th Man". This is what I've been saying the entire time.

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And no one has claimed that such is the reason for A&M attempting to protect its trademark. Coca Cola is never going to lose the right to sell their products under the Coca-Cola name. Does that mean that they shouldn't therefore worry about protecting that trademark? Of course not.

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As Telco has confirmed, this is about control and promotion.

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And you think that this is a "bad" thing?

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The purpose of trademark law is to protect the use of a brand for commercial purposes. If anyone tries to sell 12th Man **** with maroon on it or otherwise tries to steal sales from A&M or garner sales from an unlicensed association with A&M then sue them until they’re dead. That would be a completely legit use of trademark and perfectly inkeeping with the spirit of why trademarks were ever instituted.

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Unfortunately, A&M loses that ability if the term is determined to be diluted leading to loss of trademark ownership. Hence the need to strongly defend that trademark.

You may be great at turning on a frac pump bad_teammate, but you don't know squat about IP law!

As I said, you have no idea what you're even attempting to debate. The "generic" determination was already made at the USPTO level. You know...the experts charged by Congress to make these determinations. That isn't finally determinative, but it's petty telling in response to your attempts to argue otherwise, despite not being a lawyer or having em even a basic understanding of this area of law.

Smart pekoe actually realize the limits of their knowledge. You clearly don't fit this description.

I'll try again.

This is ALL based on the fact he thinks we're petty. Crush his argument? Think he cares?

You guys let him derail the Randolph Duke thread.

He is merely a Duke intern.
Let's get back to Randy, and ignore the blowhard.

This thread



[This message has been edited by mkorzo (edited 2/18/2014 9:31a).]

Yeah.

I just want to re-title this thread as "****ing offseason".

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Let's get back to Randy, and ignore the blowhard.

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Satterfield and his band of idiots

This guy was perfect for this thread. A Duke disciple comes over here, and the best he can do is call us petty. They've gone from "**** is going to lose the trademark" to "**** is petty", and it's all documented on this thread.

Seriously.

This guy is a fan of a program that went after a tiny HS in Nowhere KS for TM infringement and he's trying to call US petty. His whole argument is invalid from sheer hypocrisy.

Back to laughing at Duke for being an obsessed moron!

But that was done with subtlety and circumspection

That .gif

I am amazed at the # of IP lawyers willing to weigh in on this topic.

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do you buy into the "stars dont matter" argument?

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Nope. I think coaching matters more than stars, but stars absolutely matter.

We can win the Big 12 with the talent we have. Even the collapsed 2014 class features a lot of great talent that a solid coaching staff could win this conference with.

Cautiously optimistic.

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Yeah, even though he brags about how much money UT makes

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I do?
We make more money than anyone. I do not take any pride in this fact, because I don’t get any money off it and it doesn’t seem to be translating to on-field success. **** revenue championships and recruiting championships.

I like championships won on the field.

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That does NOT mean that the trademark can't still be lost through generfication if A&M fails to demonstrate their willingness to defend their trademark.

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The only thing A&M might lose is exclusivity. This should be a non-concern, because you shouldn’t give a **** what other people do as long as it is not infringing on A&M’s use of the mark. Once you give a **** about that you’ve confused what it means to be a fan and alum with being a bean counter in the front office.

Seattle’s use does not diminish or harm A&M’s use of the mark. It enhances it. Yet, the petty *****assedness from A&M’s bigwigs continues.

(And, yes, UT’s ****os in Bellmont display plenty of petty *****assedness of their own, just not as loudly and publicly as A&M’s ****os.)

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Unfortunately, A&M loses that ability if the term is determined to be diluted leading to loss of trademark ownership.

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Complete bull****.

Put “Kleenex” on a box of tissues and try to sell it. Put “Singer” on a sewing machine and try to sell it. Put “Rollerblade” on a pair of inline skates and try to sell them.

A&M is in zero danger of losing the ability to sell and promote “12th Man” ****.
Actual protection is a non-issue.
Generification would not affect that in the slightest.

This has gone from:
“We have to sue (or threaten to sue) everyone or we’ll lose the right to make/sell ‘12th Man’ products!” to “We are suing (or threatening to sue) because it will maximize the bottom line.”

It’s gone from a genuine concern about a real problem to jock-sniffers worrying about how much money the athletic department can make.

And I should know, because we Longhorns have been living in that sad world of athletic department revenue worship for the last 4 years.

Glad to bring a little sense to TexAgs. You’re welcome. No need to offer me any rewards. Doing good is reward on its own.

I hope Liucci is enjoying his dollar. I saw on a sign that he can get a large Sweet Tea for that from McDonald's.

That **** would hit the spot right now. Put a little lemon in it. Now we're talkin'.

can we differentiate in language between suing and c&d stuff?

i really cant remember a time (and i'm opening myself up to an example here) of A&M suing someone for the 12th man related infractions.

we've sent out plenty of C&Ds though.

Petty? Sips dont like the Ft. Worth logo - too orange.
http://www.thebatt.com/2.8521/fort-worth-s-logo-too-similar-to-ut-s-burnt-orange-bevo-1.1215740#.UwOMffldWko

[This message has been edited by WestAustinAg (edited 2/18/2014 10:46a).]

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The only thing A&M might lose is exclusivity. This should be a non-concern, because you shouldn’t give a **** what other people do as long as it is not infringing on A&M’s use of the mark. Once you give a **** about that you’ve confused what it means to be a fan and alum with being a bean counter in the front office.

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Amazing that the entire business world disagrees with you.

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Amazing that the entire business world disagrees with you.

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Once I start thinking of my university as a business I might as well pack it in as a fan. **** being the fan of a business, like trolls on blogs arguing Apple/Android or putting a Calvin-pissing-on-a-Ford sticker on my Chevy truck. No ****ing thanks.

UT isn’t a brand I love, it’s a university I love.

Lone Star College is a business.

You guys need to bring in Deloss Dodds. He’ll have you swimming in money built on dumb, annoying bull****. You’ll be in hog heaven. Put those Revenue Championships on Kyle, baby.

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can we differentiate in language between suing and c&d stuff?

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Does “sue (or threaten to sue)” work?

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The only thing A&M might lose is exclusivity. This should be a non-concern, because you shouldn’t give a **** what other people do as long as it is not infringing on A&M’s use of the mark.

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So we shouldn't be concerned when A&M loses licensing revenues once we lose control of the trademark???

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Once you give a **** about that you’ve confused what it means to be a fan and alum with being a bean counter in the front office.

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Maybe that's the difference between the Aggie 12th Man and everyone else. Our passion doesn't end at the end of the football game but carries over to the school itself. As such, my being a fan extends to A&M's bean counting as well.

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This has gone from:
“We have to sue (or threaten to sue) everyone or we’ll lose the right to make/sell ‘12th Man’ products!”

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Bad_teammate again making things up. No one has made that claim.

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Unfortunately, A&M loses that ability if the term is determined to be diluted leading to loss of trademark ownership.

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Complete bull****.

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And bad_teammate again showing a complete lack of knowledge with regards to IP law. Once more, if A&M doesn't defend its trademark, it runs the risk of losing control of it due to dilution/generification which in turn would prevent us from then suing the Chinese tshirt company selling the Maroon, 12th Man shirts online.

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Once I start thinking of my university as a business I might as well pack it in as a fan.

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Your refusal to consider the business side of college sports is why the sips are in such bad shape and will continue to lose ground to A&M. Dodds tried to play the game with the LHN but ended up doing nothing more than giving you an albatross to wear around your neck.

[This message has been edited by PetroAg87 (edited 2/18/2014 11:03a).]

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Once I start thinking of my university as a business I might as well pack it in as a fan.

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For budgets that are the size of those at the flagship universities, someone (or lots of "someones") better be thinking of them as a business.

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Once I start thinking of my university as a business I might as well pack it in as a fan.

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Out of ALL the drivel that you have posted (and believe me, you have inundated this thread with malarkey. Good God), this little sterling piece of nonsense right here might just take the cake.

Given that this is your perspective, there is really nothing more to say. You are beyond ignorant.

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Once I start thinking of my university as a business I might as well pack it in as a fan.

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Out of ALL the drivel that you have posted (and believe me, you have inundated this thread with malarkey. Good God), this little sterling piece of nonsense right here might just take the cake.

Given that this is your perspective, there is really nothing more to say. You are beyond ignorant.

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He hangs his hat on the championships that UT has won but in large part it was built on money gained through the licensing monster that UT created based on generic terms that UT trademarked. How can the sips money whip everything while the other members in their conference can't? A big part of it is money from licensing. Bad teammate, you cannot be proud of anything accomplished in the Deloss era without acknowledging that it was in large part due to what you're complaining about. If you love UT, you love the business of college sports. They are the epitome of business in higher education.

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Once I start thinking of my university as a business I might as well pack it in as a fan.

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Even Randolph Duke Satterfield thinks this is insanely stupid.