|
Post by USCGamecocks on Feb 23, 2013 10:37:27 GMT -5
Heisman Trophy-winning quarterback Johnny Manziel can't capitalize on his name, but he can protect it.
Manziel's corporation, JMAN2 Enterprises, filed a lawsuit in Texas last week against Eric Vaughan, a man who was selling T-shirts that read, "Keep Calm and Johnny Football." Manziel claims Vaughan infringed on his trademark rights.
Although Manziel didn't file papers to the U.S. Patent and Trademark Office for "Johnny Football" until Feb. 2, a trademark doesn't have to be federally registered for there to be an ownership claim.
ESPN's GigEmNation ESPN.com's GigEmNation covers everything Texas A&M, including college football and recruiting. GigEmNation More: • Recruiting news | Blog
The lawsuit asks the court to award damages for the unlawful sale of the "Johnny Football" T-shirts. Texas A&M's compliance office recently received a ruling from the NCAA that a student-athlete can keep financial earnings as a result of a legal action.
Common law trademark rights apply until the formal registration process is complete. Manziel doesn't automatically own the trademark, but it will be hard to argue that products that have recently been produced, including Vaughan's, don't refer to the Texas A&M quarterback.
The corporation set up for Manziel in December cannot capitalize off the quarterback until his NCAA eligibility has expired or he leaves after next season to go into the NFL draft, but can take action to further its claim of ownership of "Johnny Football."
The address listed for JMAN2 Enterprises is the office of Manziel Interests, a business run by his father that focuses on oil, real estate and other investments in Tyler, Texas.
"Manziel's attorneys and Texas A&M regularly communicate on legal issues where we have joint interests," said Shane Hinckley, assistant vice president of business at Texas A&M. "This usually means that our trademarks are being used in conjunction with Johnny Football. We are pursuing our own legal interests separately, but stay in contact due to the nature of the relationship."
Hinckley said the school is not providing legal or financial support for any issues outside of issues that involve Texas A&M trademarks, although the school and Manziel's attorneys could work together to take further action if aggressive businesses don't stop after being sent a cease-and-desist letter.
Per NCAA rules, the school cannot use Manziel's name on products it sells, including jerseys and T-shirts. Texas A&M can use Manziel on promotions and on editorial business, such as on game programs.
Manziel's trademark application for "Johnny Football" says he plans to use the phrase on everything from athletic apparel to motivational and educational speeches. Manziel's filing says his name tied to "Johnny Football" was first used in business connected to him this past fall.
News of the lawsuit was earlier reported by The Southeast Texas Record, a legal journal.
Manziel said this past week that he would be taking his classes online in the spring due to his celebrity on the Texas A&M campus.
|
|
|
Post by zacharyjarm on Feb 23, 2013 10:51:01 GMT -5
The more I hear about him, the more I think we are going to beat the brakes off of TAMU next season. This has soph slump written all over of it.
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Feb 23, 2013 11:25:45 GMT -5
The guy is trouble.... a great football player.. but so much of his "flash" was a "surprise"... and the kid had an unbeliveable OL... The "trademark" thing is stupid.... but lets not forget that RG3 did that same thing... only AFTER he left for the NFL though. IMO while you are in College, you can not have a trademark. you are not a professional, although some SEC schools may pay you like you are...... people discount the idea that he is a such a pre-madonna, his troubles with the law, the parting, the "i'm to cool for class" BS..... it could poison the team... and i think TAMU is iin for a shock the more i think about there arrogance in matters like these.. yeah, i may be "hoping"... i may be "hating".... but I am not the only one, and not all of them are "hating"....
|
|
|
Post by NCBulldawg on Feb 23, 2013 12:09:08 GMT -5
His own "fame" and his inability to handle the suddenness of it all will be his downfall. I bet he does not maintain this "charade" and he fizzles out when all is said and done. In other words, he better enjoy his Warhol moment as College will be it for him. Just my own assessment. And, no, I do not often go around assessing people's future, nor do I have a track record for accuracy of my prediction. I just don't think he has the make-up of a person to handle success in a way that allows for continued success on the same level. I think he take a few steps backward and then it all crumbles, at least when compared to where he is now.
|
|
|
Post by bigdawgs on Feb 23, 2013 14:02:12 GMT -5
The guy is under the microscope more than any other CFB player. Some of these antics are not really much different than others do and they are not noticed. I agree that he appears to be getting bad advice or he is ignoring good advice. But nothing so far has really been worse than questionable judgement by a young kid.
Lets see this play out before we proclaim that next year he will fail. I saw what he did to Bama and OU...I am not ready to proclaim that as a fleeting moment just yet.
|
|
|
Post by NCBulldawg on Feb 23, 2013 14:21:26 GMT -5
BD...He just does not seem to possess the "whatever" factor of someone who can handle the fame. He appears to lack control, awareness of his fame to the degree he can maintain such, and if I were to bet, he will not nearly produce as well as he did last year. Yes, he has skills. Yes, this is when many weren't all over him and faced with such pressure and adulation. Becoming "famous", and then reaping all the rewards and spoils that door opens, does odd things to those with such kinds of talent. I just don't see him handling it well at all. I bet the people around him are probably very good at what they do, but doubt seriously they are looking at him long term and are going to ride this cash cow as long as they can, and then it will be on to the next one with their pockets lined.
Maybe I will be surprised. Maybe he is smarter than his actions, and his looks. Maybe he got lucky and has those who are taking care of him genuinely care about his success. BUt if that is true, I question them already on the job they are doing. Hob-knobing around and taking advantage of every spoil surely does not seem to be that of a team player, but more of a me player. And, hey, why not? BUt fame has its downside, an have seen too many people think they are more than what they were when the were not so "famous".
Time will answer this question, and we shall soon find out if Jonathan Manziel is a football player, or a personality.
|
|
|
Post by bcsbbad on Feb 23, 2013 14:47:42 GMT -5
Please don't take this as an attempt to defend any of his actions because it isn't. But this "kid" came out of nowhere. His team beat the MNC at home and he won the hypeman. In this day and electronic age he can't go anywhere or do anything without it being reported, photographed or videoed. The thing is he grew up in this age so you would think he should know better and definitely could have handle it better. I know Timmy did. What I really wonder about is how his teammates are going to react to this That to me is the biggest question. I guess we'll have to wait for later this year to find out. I do remember a line from a rodeo TV series from the early 60's delivered by "Ves Painter", I was 13/14 at the time and the line has always stuck with me - "chicken one day, feathers the next". I can't tell you what it meant to me at the time as it was 50 years ago when I heard it, but it's still there. I guess it's "fame" is fleeting - enjoy it while you can. If "Johnny Football" can explain things to his team he'll be okay - if not - it could be a very long season.
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Feb 23, 2013 16:43:03 GMT -5
Hes a Douche...... he's a pompas ass...... arrogant dick......
but he can play football...
But with the radar on him next year, i would expect him to have a hell of a lot toughter season comming at hhim...
|
|
|
Post by Bradimous1 on Feb 23, 2013 16:56:37 GMT -5
Being a pompas douche isn't more than annoying as piss... I'm strangely OK with him annoying me to no end... until he hurts someone or starts doing illegal things, carry on young heisman.
|
|
|
Post by USCGamecocks on Feb 23, 2013 17:01:35 GMT -5
I don't think he's a bad person. He just needs to cut the antics out and go to school and play football. He actively creates and stokes the media circus around him (or microscope as you put it BD) and then complains about the attention and takes online courses as a result. It rubs people the wrong way.
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Feb 23, 2013 18:13:34 GMT -5
You could argue that he has "hurt someone".... he is suing a business owner for trying to make a buck.....
you are a college athlete.. you are not a pro.... you should not be able to "franchise" or "trademark" something and Sure as hell better not be able to MAKE MONEY off of it....
I felt the same way about "RG3"..... trademarking "RG3"? ... Ok, you are professional,Air Jordan and Jumpman did it.. i get it.. congrats...
but a college kid should have no legal standing on it.. should have no rights since he is not "paid" and his success is only THROUGH THE COLLEGE.... the college can claim trade marks, but not the kid.
|
|
|
Post by Pirate Joe on Feb 23, 2013 20:43:37 GMT -5
Eh, i really could care less about him taking a semester of computer courses.... i think his letting the reason out or giving that as a reason is pretty stupid but actually see no problem with it. It is legitimate and other students are allowed to do it. I would have just found a better excuse ...
I am and always have been against college football players getting compensated. Schools do make money of them and even merchandising them. Really not a whole lot different than the NFL except players are being compensated with cash and cfb players are supposedly getting an education .... If a player gets "nicknamed" i have NO PROBLEM with them copyrighting that to prevent outside people from gaining a profit off of them. I would have had no problems with Mathieu copyrighting "the honey badger", or lil Johnny copyrighting "johnny football"
|
|
|
Post by Pirate Joe on Feb 23, 2013 20:51:13 GMT -5
nothing says he has to make a "profit" off of it right now, but copyrighting that term protects him..... he could wind up being a huge bust next year or even 2 more years of college and it turn out to be nothing for him, but he could also if he wanted play 3 more years, have an opportunity at a heisman 3 more years and that term could wind up being millions for him in the future..... if he doesnt copyright it.... some other ass hole will. It would suck if Mark Cuban decided to copyright "Johnny Football" and Manziel had to pay him royalties for life because Cuban owned the rights to the term.... if he ever became the next Unitas, Montana or Namath....
|
|
|
Post by NCBulldawg on Feb 23, 2013 21:13:42 GMT -5
Wow! Ves Painter? Damn, bcssbad, that is impressive as can be! I owe ya a +3!
|
|
|
Post by NCBulldawg on Feb 23, 2013 22:37:16 GMT -5
I owe ya 2 more, bcssbad.
|
|
|
Post by dubldeac on Feb 24, 2013 10:26:29 GMT -5
It is a smart business decision to copyright the name "Johnny Football" and so what if he wants to take online courses this semester (although I'm shocked the coaches would allow it).
But it seems to me that saavy boosters could take advantage of this rule to "pay" players by deliberately infringing the copyright so that they are legally obligated to pay the player restitution money.
|
|
|
Post by dubldeac on Feb 24, 2013 10:31:40 GMT -5
I keep reading about his antics. I must have missed something. Can someone please explain what he's done to be called a douche or a pompous ass?
|
|
|
Post by CFF on Feb 24, 2013 10:34:28 GMT -5
It is a smart business decision to copyright the name "Johnny Football" and so what if he wants to take online courses this semester (although I'm shocked the coaches would allow it). But it seems to me that saavy boosters could take advantage of this rule to "pay" players by deliberately infringing the copyright so that they are legally obligated to pay the player restitution money. Maybe something that the No Control Athletic Agency needs to monitor...
|
|
|
Post by USCGamecocks on Feb 24, 2013 13:22:14 GMT -5
Interesting idea dubldeac.
|
|
|
Post by redstick13 on Feb 24, 2013 18:02:47 GMT -5
The guy is trouble.... a great football player.. but so much of his "flash" was a "surprise"... and the kid had an unbeliveable OL... The "trademark" thing is stupid.... but lets not forget that RG3 did that same thing... only AFTER he left for the NFL though. IMO while you are in College, you can not have a trademark. you are not a professional, although some SEC schools may pay you like you are...... people discount the idea that he is a such a pre-madonna, his troubles with the law, the parting, the "i'm to cool for class" BS..... it could poison the team... and i think TAMU is iin for a shock the more i think about there arrogance in matters like these.. yeah, i may be "hoping"... i may be "hating".... but I am not the only one, and not all of them are "hating".... He's older than Madonna? He's aged well. Must be doing yoga.
|
|
|
Post by Buckeye Dave on Feb 24, 2013 19:30:34 GMT -5
Buckeye Dave and BED are copyrighted by Shields LLC and express written permission for the use and reporting are copyrighted under the law and unauthorized use is prohibited.
|
|
|
Post by gatordynasty on Feb 25, 2013 13:32:31 GMT -5
I don't particularly care for him, but I think pretty much every single thing he's doing gets so much attention, and everyone always just assumes the worst.
What is the issue with what he did? Why should anyone make money off his performance on the field while he can't even do the same? I don't see a problem here.
|
|
|
Post by Orygun Quacks on Mar 4, 2013 19:59:10 GMT -5
If you like him then what he does is no big deal. If you don't like him then you see what he is doing and then call him names. It's all about perspective. Same thing happened with Chip Kelly. Duck fans loved him. Everyone else wanted to punch his shite eating smirk right off his face. It is what it is.
|
|
|
Post by Geaux Tigers on Mar 4, 2013 20:26:33 GMT -5
LeGarrette Blount style bitches...
|
|
csd10
Supreme Pontiff
Posts: 4,819
|
Post by csd10 on Mar 5, 2013 15:30:31 GMT -5
You could argue that he has "hurt someone".... he is suing a business owner for trying to make a buck..... Or you could argue that he's protecting himself from being "hurt" by this infringement. What if a business owner decides that the quickest way to make a buck is to print T-Shirts saying "Johnny Football fondles little kids"? If he doesn't establish precedent now that the trademark belongs to him, then the guy who does decide to use his likeness or the "Johnny Football" nickname to damage Manziel's reputation will just be able to say, "No, I wasn't talking about him. I was talking about some other guy named Johnny who happens to play football," in any slander or libel suit that could follow. I've seen you on other threads discuss the importance of protecting the rights business owners, so I'm surprised at the double standard when it comes to an individual protecting his future business interests. I don't think college athletes should be paid for their performances on the field or get a share of bowl money. To me a scholarship is a very good reward if the athlete chooses to take advantage of the educational opportunity. But I do think they should be allowed to protect their individual likeness since, after all, they won't be scholarship athletes forever, and after leaving school, they have a right to pursue any business interests that might be profitable. Therefore, he should have the right to begin protecting those interests now even though he's not yet allowed to start making money on them. It's unfortunate for the business owner who printed the shirts, and hopefully, for his sake, the damages awarded aren't too much. But, he should have done more research/due diligence before selling the shirts. After all, protecting yourself is part of being a business owner.
|
|
|
Post by Orygun Quacks on Mar 6, 2013 19:09:26 GMT -5
LeGarrette Blount style bitches... That was Chip Kelly's very first game. The best part of it was Hout started to smile after saying something smart and then 'boom'....down he went.
|
|
|
Post by zacharyjarm on Mar 6, 2013 20:11:47 GMT -5
At this point I put him in the same category as Cam. A great player but a person that I will root against. He isn't something that should be rooted for in CFB.
|
|
|
Post by 75tranzam on Mar 6, 2013 21:07:30 GMT -5
He could make some better decisions... Attachments:
|
|
|
Post by 75tranzam on Mar 6, 2013 21:09:13 GMT -5
|
|
|
Post by 96Ag on Mar 7, 2013 7:43:42 GMT -5
Everything Manziel does is scrutinized. Eventhough there was nothing wrong with the pic, he should not have posted it. But his follow up a few days later was hilarious yet no one talks about that one. He was visiting a kid in the hospital and he took a picture of him and the kid flashing Monopoly money.
You also don't see any stories about the wristband he wears and why he wears it.
And no one really talks about his actual sit down interviews and how he handles those. He was on Dan Patrick yesterday and on Sunday conversation on Sportscenter.
But carry on with your doubts and hate, that really motivates him to continue to get better.
|
|