I'm fairly sure this judge is not a federal judge - rather a local judge.
Interesting that the article even admits (and I remember) that the Hawks were using it in the mid 80's, well before they got the Trademark.
I don't know trademark law, but I would think that even if you get a trademark for something that's already in use, their use of it has to be grandfathered in.
I still think the Hawks oughta tell A&M that it'll be a cold day in hell before they EVER draft anyone from A&M. This is not a very good stunt for them to pull six days before the SB.