Cody Rhodes’ Trade Mark Of ‘Dusty Rhodes’ Reportedly Rejected

They say ‘Dusty’ is too close to ‘Dustin’.

This past year we saw Cody Rhodes trademark a number of things from wrestler names to PPV names and more. Cody tried to trademark the name of his late father ‘Dusty Rhodes’ but it looks like that was denied because it was too similar to his brother’s trademark for ‘Dustin Rhodes.’

According to Ryan Satin of Pro Wrestling Sheet, he reports that Cody’s trademark filing was rejected for an unexpected reason, but that Cody’s legal team is confident they can get is all situated. The United States Patent and Trade Office issued the rejection last week stating the filing was too similar to a trademark owned by his brother for ‘Dustin Rhodes.’

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.”

It is stated that Cody’s team must either file an appeal on the refusal or get approval from the owner of the trademark causing the block. It seems like the latter would be the easiest way to go as the owner is just his older brother.