Originally Posted by CloakNNNdagger
Thanks for the distinction. Many of the articles I've read to date have used the term "copyright" interchangeably......confused me.
BTW, from what I've read in the past few days, the Reynolds family still have a few options of appeal before their application is officially dead and Manziel can again pursue the trademark?
Yes, technically what the USPTO sent Reynolds was a Final Rejection notice which comes with a 6 month window for response, and an option to appeal to the USPTO's internal review board. Frankly I'm not sure how long Reynolds can/will fraudulently delay JF's rightful ownership: I don't know whether JF's application can now be resumed or whether he must wait until Reynolds exhausts all possible appeals.
I don't know if Reynolds ignorantly thought "if I register first, I will own it and get rich!" or sinisterly tried to delay JF's application enough that he'd pay them off to throw in the towel. Either way, I think Reynolds' attorney should be sanctioned for committing fraud on the USPTO when he submitted an affidavit saying that "JF does not refer to a living person."
In the end, as you'd logically expect, JF will eventually own the mark. When a mark refers to a specific living person (like Shaq, Beyonce, etc.; NOT like "Jimmy Dean" of Des Moines), nobody can own the mark without that person's approval. I'd guess that the volumes of JF news/TV clippings will suffice in proving that JF is the one and only JF (it is, after all, what the USPTO referenced in refusing Reynolds' mark).