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Just under the radar, college avoids lawsuit unlike Seahawks

Bookstore unknowingly sells controversial merchandise; removes its 'Twelfth Man'

Kirsten Adams & Nick Tabor

Issue date: 9/11/08 Section: News
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Employees of the Hillsdale College Bookstore pulled one of their best-selling T-shirts off the shelves Wednesday, concerned that another college could sue Hillsdale for infringing on a copyright.

The shirts bore the words "Twelfth Man," traditionally a slogan of support for Texas A&M University's football team. Bookstore employees said they didn't know anything about the phrase's origin, let alone Texas A&M's copyright ownership of it.

"We felt it was a very good support of our football team," Bookstore Director Vicki Nash said. "Our vendor showed us the design, so we assumed it was in the clear."

Texas A&M copyrighted the phrase in 1990, and in 2006 filed suit against the Seattle Seahawks over its use. The suit was settled out of court in Texas' favor, which reinforced its property rights.

Nash said The Collegian's inquiry prompted her to call the vendor Wednesday morning and make sure the college bookstore wasn't breaking copyright laws by selling the shirts.

The vendor told her they sell the shirts to many high school and college bookstores, never with legal ramifications.

Still, Nash removed all the "Twelfth Man" shirts from the shelves Wednesday, to stay on the safe side.

She said the bookstore has sold more shirts bearing that design than any other design this semester.

The vendor's representatives were unavailable for comment to The Collegian.
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