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re: Manziel files lawsuit citing copyright infringement of name Johnny Football

Posted on 2/23/13 at 1:21 pm to
Posted by finestfirst79
Vicksburg, Mississippi
Member since Nov 2012
11646 posts
Posted on 2/23/13 at 1:21 pm to
quote:

Sorry, still doesn't require Manziel's 'enterprise' to file suit looking for money.


I'm not sure that's correct. From Jason Cook's post it is apparent that the school tried to get the site taken down before Dec. 5 with no results. I have no idea what steps the school took, but it isn't like they sat on their hands here. A lawsuit threat is harder to ignore than a cease & desist letter.
Posted by Arkansassy69
Boulder
Member since Dec 2012
25 posts
Posted on 2/23/13 at 1:26 pm to
That, and he's suing a fan
Posted by cramps
Member since Oct 2012
2140 posts
Posted on 2/23/13 at 1:28 pm to
A "fan" that is using him to make $ with some shitty t-shirts.
Posted by DWag215
Houston, TX
Member since Aug 2011
7238 posts
Posted on 2/23/13 at 1:33 pm to
quote:

if i was the actual guy that came up with Johhny Football i'd be suing Johnny Turnover

Your claim would get dismissed based simply on the assertions made.

Sorry, that damned Johnny Football wins yet again.
Posted by DWag215
Houston, TX
Member since Aug 2011
7238 posts
Posted on 2/23/13 at 1:34 pm to
quote:

That, and he's suing a fan

And of course by "fan" you mean a bootlegging hack who overtly ignores the law.
Posted by cramps
Member since Oct 2012
2140 posts
Posted on 2/23/13 at 1:37 pm to
quote:

if i was the actual guy that came up with Johhny Football i'd be suing Johnny Turnover

Enjoy that smack while ya can. You got 9 months. Can't wait for November 23.
Posted by DWag215
Houston, TX
Member since Aug 2011
7238 posts
Posted on 2/23/13 at 1:44 pm to
quote:

the IP should belong to the guy that came up with it. that douchebag and his family stole the IP of another person and threw a trademark on it. how classy

No one actually knows who coined the phrase. It originated on Aggie message boards during Johnny's senior season in high school. It wasn't a reporter like you've suggested. Bottom line: no one knows who first uttered the words "Johnny Football."

But more importantly, even if we knew Joe Schmo first said the name, we'd know he didn't intend to assert ownership of the phrase by that very fact. We know that because, again, we have no clue who the guy is. He simply used it to describe the ridiculous year Johnny had in 2011. He in no way foresaw it as an instrument of commercial activity.

So relax.

And from a legal standpoint, the party who registers the idea first is the owner for a finite period of time (at least with regard to trademarks).. Johnny's that person. It's his name it and it will be him who realizes the monetary windfalls--as he should.
This post was edited on 2/23/13 at 1:46 pm
Posted by Choctaw
Pumpin' Sunshine
Member since Jul 2007
77774 posts
Posted on 2/23/13 at 1:47 pm to
how about a simple cease and desist letter instead of trying to ruin the guys life?


nevermind....you can't make money off a cease and desist letter
Posted by Daowna
Member since Dec 2010
1052 posts
Posted on 2/23/13 at 1:52 pm to
quote:

how about a simple cease and desist letter instead of trying to ruin the guys life?


quote:

"We have seen this one many times. Working through legal channels now. The guy is not being cooperative."


So what happens after there is no compliance to a cease and desist letter? A lawsuit? Oh..

Because I'm sure you know the exact events that led up to this law suit and are free to judge the character of anyone involved.
Posted by DWag215
Houston, TX
Member since Aug 2011
7238 posts
Posted on 2/23/13 at 1:53 pm to
This particular violator is a repeat offender. He's ignored several warnings.

You're letting your hate for TAMU/JFF drive your entire point of view. You have no knowledge of IP, and you don't even know the facts of this case. You're either unintelligent or dreadfully envious.
This post was edited on 2/23/13 at 1:56 pm
Posted by EKG
Houston, TX
Member since Jun 2010
44091 posts
Posted on 2/23/13 at 1:56 pm to
Choctaw ... and you know that a C&D letter hasn't already been sent, how?

As someone who has received such a letter from A&M in the past, I can assure you that the folks in the university Licensing & Trademarks office are friendly, professional, and very fair.

This post was edited on 2/23/13 at 2:05 pm
Posted by bayou2003
Mah-zur-ree (417)
Member since Oct 2003
17646 posts
Posted on 2/23/13 at 1:59 pm to
quote:


Bc it's America. And it's just a nickname.

Honey badger wasn't suing people for making "honey badger don't care" t-shirts. It is just petty and a douche move. If you're going to be playing in the NFL is tshirt money that big of a deal? It's free exposure and a bitch move by manziel. Simply put.


Never thought about that. Good points.
Posted by Choctaw
Pumpin' Sunshine
Member since Jul 2007
77774 posts
Posted on 2/23/13 at 2:01 pm to
either way...he's still douche for trademarking it in the first place.
Posted by TbirdSpur2010
ALAMO CITY
Member since Dec 2010
134026 posts
Posted on 2/23/13 at 2:04 pm to
quote:

either way...he's still douche for trademarking it in the first place.


This is a foolish and irresponsible statement from a business standpoint. Has nothing to do with perceived "douchiness"--the rules say neither JFF nor TAMU can profit from his name/likeness, therefore no one else should be able to, either.

This isn't a hard concept to figure out.
Posted by DvlsAdvocat
Your Mom's House, AL
Member since Jul 2007
24491 posts
Posted on 2/23/13 at 2:08 pm to
I thought it was a douche move when Alabama sued the painter Daniel Moore, and its a douche move for Manziel to form his enterprise and file this suit.

At least I'm consistent.
Posted by DWag215
Houston, TX
Member since Aug 2011
7238 posts
Posted on 2/23/13 at 2:08 pm to
quote:

either way...he's still douche for trademarking it in the first place.

And why do you hold this view?

Is it because: 1) you hate that people get to keep what's theirs; 2) Johnny doesn't deserve to profit from what he himself made valuable; 3) that IP thingy is a little too hard for you to grasp so it must be bad/douchey/gay; or 4) you're mad?
Posted by TbirdSpur2010
ALAMO CITY
Member since Dec 2010
134026 posts
Posted on 2/23/13 at 2:26 pm to
quote:

I thought it was a douche move when Alabama sued the painter Daniel Moore, and its a douche move for Manziel to form his enterprise and file this suit.

At least I'm consistent.


Consistent in your ignorance, perhaps
Posted by burbank
Member since Oct 2010
596 posts
Posted on 2/23/13 at 2:27 pm to
Advocate...
It's an ELIGIBILITY issue.. The school AND family have to do this..
Comprende?
Geeze
Posted by NonregAg09
Member since Sep 2011
620 posts
Posted on 2/23/13 at 2:38 pm to
"The LSU Compliance Office has issued several Cease & Desist notifications for products including the name, likeness and/or image of LSU football student-athlete Tyrann Mathieu.

Please be advised that the sale of any products and/or advertisements including the name, likeness or image of this individual or any other LSU student-athlete is in violation of NCAA Bylaw 12.5.2.2 and could have a negative impact on the involved student-athlete’s eligibility.

Apparel or paraphernalia including the phrase “Honey Badger” accompanied by the number 7 or the individual’s name or any other variation thereof (e.g., TM7, TM, HB7, etc.) is prohibited. Because it is a recognizable nickname, “Honey Badger” is considered a likeness of Tyrann Mathieu under NCAA regulations."

And ruin the guy's life? Over what? A few hundred bucks? How do you think damages are calculated?
Posted by HarryBalzack
Member since Oct 2012
15229 posts
Posted on 2/23/13 at 3:31 pm to
quote:

Find me a McCarron jersey or a Mettenberger jersey or a Murray jersey or a T-shirt that has any of those player's names on it for sale from somewhere other than Cafe Press or similar site. They're all very popular players with large fanbases and it should be easy, right? No? Why is that?
Because they are licensed by the university and the proceeds go to the university and the conference, not the individual player. That's why the individual players everywhere else aren't bringing suit against people using their names.
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