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According to the Observer, Cody Rhodes found a way around WWE's claim of the "Rhodes" name. WWE only prevented him from using it and not also his wife.
So if he ever has a mixed tag match with his wife, he can take the name as an implied last name since they'd be called "Cody & Brandi Rhodes". Same for using it whenever both are on the screen at the same time.
Right now he only uses Cody for his actual ring name.
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