Johnny Manziel bids for new phrase

ByDARREN ROVELL
April 3, 2014, 2:40 PM

— -- Former Texas A&M quarterback Johnny Manziel continues to set himself up to cash in on his future. In line to eventually secure a "Johnny Football" trademark, Manziel's team filed for more trademarks recently, including "The House That Johnny Built."

But just like the trademark for "Johnny Football," Manziel is actually second in line, and the person who is first might raise eyebrows among Aggies fans.

Fitch Estate Sales, a company owned by the family of Nate Fitch, Manziel's friend who was with the quarterback at many of the autograph signings that resulted in a half-game suspension, was first to the phrase.

Fitch's mother, Rachel, declined to comment. Her attorney, Gerald Fowler, told ESPN.com that it was his understanding that Nate and Johnny were going to use the trademark together.

"My guess is that there was a lack of communication here," Fowler said.

Fitch Estate Sales, which filed for the trademark in December, and Manziel, whose company filed a month later, both submitted applications to the U.S. Patent & Trademark Office that said they intended to use the phrase on athletic apparel. Manziel's filing was first reported Wednesday by TMZ.

If Fitch and Manziel were on the same page, one has to wonder why Manziel's team filed for the phrase on its own. Fowler said he hasn't had any conversations with Manziel's attorneys about pursuing the trademark together. Two of Manziel's attorneys did not return calls from ESPN seeking comment.

If Fitch doesn't have approval from Manziel, it might be tough for him to win the rights. A trademark that refers to a living individual often has to be approved by that person.

Lack of permission is what stopped Kenneth R. Reynolds Family Investments from being able to trademark "Johnny Football." The firm, based in College Station, Texas, filed for "Johnny Football" before Manziel did, but the U.S. Patent & Trademark Office ultimately said the firm needed the consent of Manziel, which it did not get. Last week, the firm agreed to assign its "Johnny Football" rights to Manziel, allowing Manziel's application -- which had been suspended on Dec. 31 -- to proceed.

Fowler said the trademark, an obvious play on the famous Babe Ruth/Yankee Stadium phrase, was a reference to the renovation of Texas A&M's Kyle Field, a $450 million project that will expand capacity to 102,500 and is scheduled to be completed in time for the 2015 season. A Texas A&M official did not immediately return a call seeking comment as to whether Manziel had discussed his trademark filing with the school.

Manziel has been a polarizing figure since his Heisman Trophy-winning season at A&M two years ago.

Pro Football Hall of Fame cornerback Deion Sanders is one of many in football to weigh in on the aura of Manziel, telling