Trademark Law Hits The Gridiron

Texas A&M University ("A&M") recently challenged the trademark application of Washington Soap Company ("Applicant"), which was seeking registration of 12^TH MAN HANDS for "handmade loofah soap bar or puck." A&M contested the application on likelihood of confusion grounds under Section 2(d) of the Trademark Act and dilution by blurring under Section 43(c) of the Trademark Act.  A&M owns four registered 12^th MAN-related marks and successfully challenged registration of the Applicant's mark before the Trademark Trial and Appeal Board ("TTAB") under principles of trademark law.

How was A&M able to successfully challenge registration?

History of the 12^th Man

If you are a football fan, you have most likely heard some teams refer to their crowds as the "12^th Man." The notion is that the support of the crowd gives the home team such an advantage against the opposition that it feels like they have an extra player on the field. Professional football teams, such as