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Nov 12, 2015 03:25 PM EST

The Texas A&M Aggies will never meet the Indianapolis Colts on the football field, but they may square off in court.

Texas A&M University (TAMU) is suing the Colts organization for trademark infringement over use of the "12th Man." The school's chancellor, John Sharp, told the TAMU Board of Regents about the lawsuit, filed Thursday in a Houston district court, ESPN reported.

Trademarked by TAMU for its football team, 12th Man is also used for the school's athletics website. At issue is the Colts using the phrase in an email from July encouraging fans to "Join the 12th Man" and buy tickets.

ESPN reported that TAMU first requested the Colts stop using the phrase in 2006 and, as the suit claims, they ignored a cease and desist letter. The suit also states the Colts have used "12th Man" on various merchandise as well.

The Seattle Seahawks call their base the 12th Man for being so loud at home games they factor into the game. However, the Seahawks reached an agreement with TAMU in 2006 to use the phrase for $5,000 a year. Not authorized for merchandise, the Seahawks sell No. 12 jerseys with the word "FAN" on the back, ESPN noted.

The Buffalo Bills also have a similar agreement with TAMU to use the "12th Man" phrase, though they use it far less than the Seahawks.

According to TAMU's website, 12th Man tradition began in Jan. 1922 when the Aggies were playing Centre College with a depleted roster.

"Coach Dana X. Bible remembered a squad man who was not in uniform. He had been up in the press box helping reporters identify players," read the website. "His name was E. King Gill, and was a former football player who was only playing basketball. Gill was called from the stands, suited up, and stood ready throughout the rest of the game, which A&M finally won 22-14. When the game ended, E. King Gill was the only man left standing on the sidelines for the Aggies. Gill later said, 'I wish I could say that I went in and ran for the winning touchdown, but I did not. I simply stood by in case my team needed me.'"

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