Texas A&M takes 12th Man battle to court

Texas A&M University asked a judge Monday to halt the Seahawks' use of the "12th Man" less than a week before Super Bowl XL.

"We have the responsibility and legal obligation to protect the university's trademarks, which in this instance is the 12th Man," Steve Moore, the university's chief marketing officer, said in a statement sent to The Seattle Times.

The university sent cease-and-desist letters to the Seahawks in 2004 and 2005, Moore said.

"Our requests have not been honored," he said. "Therefore, we have no other recourse but to take formal legal action."

The university filed for a temporary restraining order in the 85th District Court of Brazos County, Texas, where Texas A&M is located.

Margaret Chon, who teaches intellectual property law at Seattle University Law School, said a temporary restraining order is a type of emergency motion.

"It's a pretty extreme move - probably because the game is next week," she said.

The Aggies have two federal trademarks, the earliest dating to 1990, covering the words "12th Man." The phrase refers to fan support of the 11 players on the field.

At Texas A&M, the tradition of calling fans the 12th Man dates to 1922. The Seahawks franchise formally retired the No. 12 jersey in 1984 to honor the team's fans.

A spokesperson for the Seahawks could not immediately be reached late Monday.