Who owns the name to the Patriot gimmick?

Early this morning, I read on Slam! Sports wrestling news section that Del Wilkes, who wrestled in Japan, World Championship Wrestling [WCW], World Wrestling Entertainment [WWE] and the Global Wrestling Federation [GWF] as the original "Patriot," is reportedly upset at Tom Brandi, who since 2002, has been wrestling as "The Patriot" on the independent circuit, claiming that he purchased the rights to name from Wilkes.



Wilkes as the Patriot.....photos courtesy of onlineworldofwrestling.com


In his recent interview, Wilkes stated that Brandi is simply using the gimmick and trademark without his permission and that he hasn't seen nor communicated with Brandi since 1994, when both were in WCW and Brandi was going under the name "Johnny Gunn."

Maybe its just the cynic in me but if Brandi has been using the Patriot name without Wilkes permission for the last six-years, why hasn't Wilkes filed the proper paperwork for gimmick infringement or seeked out a lawyer for a lawsuit? Also, did Wilkes forget that him and Brandi were in the WWE at the same time in 1997 and thus, they would have seen each other backstage or on the road?



Brandi as the Patriot on the independent scene


Personally, this sounds like a case of Wilkes being in desperate need of money, which isn't too surprising, given the fact that Wilkes was arrested 20 times in South Carolina between 1997 and 2002 on charges of using fake prescriptions to support his steroid addiction and finally kicked his 150-pill-a-day habit by serving a nine-month prison term in South Carolina in 2002-03.