If FutureAD uses generic figurines and re-purposes them to look like Harvey (without the name) and even goes so far as to advertise it as Harvey ("Hey guys, look at this Harvey Unga figurine I made from a generic football figurine"), he's using Harvey's name to give it more value than it otherwise would have. That's all the proof Harvey would need. It doesn't have to look exactly like Harvey to use his likeness.
Please stop pretending to have any clue about trademark law, because you're just plain wrong on this.