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Tim Tebow fighting two fans in court for rights to ‘Tebowing’ trademark

Apr 10, 2012, 3:22 PM EDT

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I suppose the big question is, when we come to dilemmas like this, is: Who Would Jesus Sue? Meet Jared Kleinstein, the man who started Tebowing.com. If you’ve ever seen a photo of someone Tebowing in front of the Great Pyramids, or on a mountain peak, chances are it was on his site. Kleinstein, who is thought to be the originator of the term, has been making a modest income on Tebowing-related merchandise he sells on his site. So recently he filed paperwork with the United States Patent and Trademark Office for the rights to Tebowing.

But the actual Tim Tebow wasn’t having that, sending his Beverly Hills attorney, Anthony Keats, to the Trademark Office with a letter of his own. Keats said that his client should have ownership of the term because “anyone else owning it is likely to cause some confusion.” Newsday:

The trademark office’s examining attorney assigned to the case, W. Wendy Jun, followed by officially declining Kleinstein’s request last month on the basis of a “false connection” to a living individual. She declined to comment for this story.

The other person who applied for the trademark is Jason Vollmer of Jacksonville Beach, Fla., who sells Tebowing T-shirts and stickers on his website tebowinggear.com. His application, filed Dec. 6, also has been denied because of a “false connection to a living individual” and he has six months to respond. Vollmer did not return a call seeking comment.

But the trademark process isn’t over yet.

Kleinstein has until Aug. 22 to respond to the examining attorney’s letter; if he does nothing, he is considered to have abandoned his trademark request. Tebow’s application is not expected to move forward until Kleinstein’s application, which was filed first, is finished.

Meanwhile, at the Melbourne Zoo:

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The Battle Over ‘Tebowing’ Trademark [The Dish]