What’s in a ring name?

Professional wrestling is a unique storytelling medium that exists between sports and soap opera, namely “sports entertainment”. It may seem silly at first glance: scripted matches involving larger-than-life characters and feats of athleticism you would probably never see in a “real” fight. But what many people do not realise, hidden behind the masks and costumes, is the prominent role of intellectual property and branding in the wrestling industry.

Backstory

As the largest professional wrestling promotion business in the world, WWE (World Wrestling Entertainment) may take a firm approach to protecting its intellectual property, with its trade mark portfolio boasting in the region of 6,000 live registrations. These consist mainly of wrestlers’ ring names and slogans, aimed at granting them the exclusive right to use the marks on merchandise and on their entertainment programming. In the weird and wacky world of wrestling, ring names are a brand and play an important part in building the reputation of a wrestler amongst viewers: a name change may signify a shifting allegiance or a total change of character.

The less glamourous real-world explanation for this is rooted in trade mark law. WWE may not hold ownership rights to names that were already in use prior to the wrestler joining the company. When a new wrestler is signed, their ring name is often changed to one that the company has ownership over, preventing them from using that name when pursuing other ventures. In the past, this has led to disagreements between the company and departing wrestlers, who may need to select a new name if they wish to compete elsewhere.

What’s in a name?

A notable name-related dispute arose in 2020 between WWE and wrestler Cody Runnels (wrestling as ‘Cody Rhodes’), who left WWE to co-found a rival wrestling promotion, All Elite Wrestling. WWE initially registered CODY RHODES as a trade mark at the US Patent and Trademark Office in October 2009, which expired 10 years later in October 2019, followed by a 6-month grace period. On the same day the grace period allowing WWE to renew the mark ended, Runnels filed his own application for CODY RHODES.

In response, WWE revived the expired earlier registration for CODY RHODES, leading to Runnels’ application being provisionally refused due to a likelihood of confusion with the earlier registration. This dispute was eventually resolved when WWE surrendered the earlier CODY RHODES registration, allowing Runnels’ application to register.

The value of a trade mark increases as reputation builds. In wrestling, this usually manifests as a devoted fan following that is built up over time. To maintain this following, wrestlers typically retain a consistent ring name across the course of their careers. Choosing a new name which may not have a strong reputation associated with it comes with the challenge of having to rebuild that reputation. Many wrestlers are now filing trade marks for their ring names and slogans as individuals, giving them higher commercial independence by allowing them to build a personal brand.

The main event: WWF vs WWF

It should come as no surprise that the wrestling industry is not new to trade mark disputes. There was a high-profile conflict in 2000 between WWE, then known as the World Wrestling Federation (WWF) and the World Wildlife Fund (WWF). ‘WWF’ was registered in the US by the World Wildlife Fund as a trade mark in 1966. The parties were aware of each other’s use of ‘WWF’ marks as early as 1989, when the Fund agreed to allow the Federation to register a trade mark for ‘WWF’ as long as it was not used in a certain typeface when appearing on its own.

Disagreements between the Fund and the Federation continued over the next few years, leading to a new global agreement in 1994 where the Federation promised to stop using the ‘WWF’ initials in printed or visual form, and cancel its trade mark registrations featuring the initials. Regardless, the Federation launched their website WWF.com in 1997, changing their logo to one representing the ‘WWF’ initials.

Eventually, in 2001, the UK High Court ruled in favour of the Fund, finding that the Federation had breached the intellectual property agreement between the parties. Following an unsuccessful appeal, the Federation officially rebranded from the World Wrestling Federation (WWF) to World Wrestling Entertainment (WWE).

This saga shows the importance of a robust brand protection strategy and strategic enforcement of intellectual property rights. Despite the businesses operating in completely different spheres, the Fund viewed the Federation as a commercial risk and was proactive in protecting their own interests and the ‘WWF’ trade mark registration. Active management of a trade mark portfolio was instrumental in avoiding the dilution of an established brand identity.

Finisher

Trade marks are everywhere: they are a valuable asset to many businesses outside of traditional sectors like manufacturing and consumer goods. As an industry driven by the reputation of its performers, professional wrestling illustrates the importance of consumer recognition and brand loyalty. A proactive brand management strategy is crucial to long-term commercial success.