Cody Rhodes' attempt to trademark his father's in-ring name has hit a speed bump, not due to opposition by WWE but the similarity to the trademark owned by his brother, Dustin.
Ryan Satin of Pro Wrestling Sheet is reporting that Cody’s initial attempt to trademark Dusty Rhodes, which of course was the ring name of his father, was rejected due to the similarity to the trademark of Dustin Rhodes, which is owned by his brother.
The official rejection notice cites the similarities between the terms and their filings as a potential cause for confusion.
COMPARISON OF THE MARKS
Applicant has applied for the mark DUSTY RHODES (standard character).
The mark in U.S. Registration No. 5685866 is DUSTIN RHODES (standard character).
The mark in U.S. Registration No. 5685956 is “THE NATURAL” DUSTIN RHODES (standard character).
Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression. Stone Lion Capital Partners, LP v. Lion Capital LLP
Here, the marks share one term, “RHODES”, and a highly similar term “DUSTY/DUSTIN”, and share the same overall commercial impression of that of a surname and given name, respectively. Given the high similarity in appearance, sound, and meaning of the marks, the marks are confusingly similar.
COMPARISON OF THE SERVICES
The applicant’s services are “Entertainment services, namely, wrestling exhibits and performances by a professional wrestler and entertainer.”
The services in U.S. Registration No. 5685866 are “Entertainment services, namely, personal appearances by a celebrity; entertainment services, namely, acting services in the nature of live performances and personal appearances by a celebrity; entertainment services, namely, acting services in the nature of visual and audio performances by a professional entertainer.”
Reportedly, the lawyer for Cody who is handling the trademark says the appropriate next steps to take in order to acquire the trademark are being discussed and they are confident they will be able to lock it down.
Cody recently stated on Twitter that he gave WWE permission to use the Dusty Rhodes name for the upcoming Dusty Rhodes Tag Team Classic Tournament on NXT.