[Drango]

I understand how a trademark provides protection, but I didn't think you could trademark items that were already being used by others. Can't the Seahawks, and others, claim prior use and make the Aggies defend thier trademark? (OK, no more lawyer playing for me. I'm in over my head.)

[Dog Gone]

That might be a reason to oppose the issuance of the trademark, but once it's issued that pretty much settles the matter as to who has exclusive rights to use it.

You're entitled to say "Have it your way" and you probably said it in some context before Burger King got its trademark. But you're no longer allowed to use that phrase in marketing.

[neb52]

A&M can show that they were using it way before anybody else, which shores up their trademark pretty tight.

An example would be if you think you can open a business advertising you singing "Happy Birthday" at peoples' birthdays. I guarantee that you will be receiving a letter from Paul McCartney's attorneys.

[texianyankee]

"..... I didn't think you could trademark items that were already being used by others. Can't the Seahawks, and others, claim prior use and make the Aggies defend thier trademark?"

First off, I'm no lawyer, either....however, the Aggies were using the term, "12th Man" long before the Seahawks were even formed as an NFL franchise. In fact, if my memory serves me correctly, the term, "12th Man" sorta originated with A&M. However, my memory has failed me at times in the past.....