Johnny Football: Johnny Lawsuit?

Has the phrase “Johnny Football” caused more trouble than it’s worth? In February 2013 Johnny Manziel’s corporation, JMAN2 Enterprises, filed a lawsuit against a businessman for selling T-shirts that read “Keep Calm and Johnny Football” for infringing his trademark rights. As you know, a trademark does not have to be federally registered for a person’s ownership rights to be infringed. It also doesn’t hurt Manziel’s claim that he has filed a trademark application for “Johnny Football” with the United States Patent and Trademark Office. In his trademark application Manziel states that he will use the “Johnny Football” phrase for everything related to his athletic career. This includes apparel and motivational speeches. He states that he should be granted this trademark because the phrase refers to him and his football career last fall. The NCAA compliance followers may ask – but a college athlete cannot profit from sales of their name or image. While that is true, there is a new rule that a student-athlete may keep earnings that result from a legal action.

The T-shirt law suit was filed in February of the 2013 and has not been resolved. However, this is not the only point of contention with the phrase “Johnny Football.” A Texas investment firm was denied its trademark application for the phrase “Johnny Football” in March of this year. The USPTO stated that the phrase referred to a specific living individual. The firm may not be able to get this trademark without Manziel’s permission. Both Manziel and the investment firm’s applications state that “Johnny Football” will be used with video games, athletic appeal and football. Since these trademark applications are attempting to be registered in the same class, the USPTO may also deny applications because they are likely to confuse consumers as to the source of the goods. Manziel’s trademark application for the phrase has been put on hold pending the results of the investment company’s application. The company has six months from March to appeal the USPTO’s denial. The deadline to file the appeal will expire this month.

As a sports fan (specifically a South Carolina Gamecock fan), I wonder if the phrase should even be granted a trademark in the first place. I would argue that the phrase has become too generic. In multiple sports with rising stars have the athletes been called “Johnny [insert sport]” And it has also started to be used in everyday vernacular when someone is good at a particular skill. But, the litigation does not seem to bother Manziel, as I just watched his new snickers commercial that states “eat a snickers, you’re Johnny Football.”

By: Samantha Dorsey, Articles Editor

photo credit: https://www.flickr.com/photos/edrost88/14835882967 Erik Daniel Drost via http://photopin.com">photopin and http://creativecommons.org/licenses/by/2.0