John Cena, WWE, and TKO Sued Over Iconic Theme Songâ€s Alleged Use of Unlicensed Horn Sample

Just days before John Cenaâ€s retirement match airs on Saturday Nightâ€s Main Event, a federal lawsuit has been filed accusing WWE, TKO, Cena, and others of ripping off a copyrighted horn arrangement to create one of wrestlingâ€s most iconic entrance themes: “The Time Is Now.â€

Filed Tuesday in the Southern District of New York, the complaint was submitted by Kim Schofield, daughter of Canadian bandleader Pete Schofield, whose 1974 instrumental cover of “The Night the Lights Went Out in Georgia†is at the center of the dispute. She claims the horns used in Cenaâ€s theme were lifted directly from her late fatherâ€s arrangement—without a proper license.

According to documents obtained by Post Wrestling, the complaint states that the original Bobby Russell composition didnâ€t include those horns, which Pete Schofield allegedly added himself. Kim argues those original horn parts, especially the intro and outro, are the sampled elements that producer Jake One (Jacob Brian Dutton) used to build Cenaâ€s track.

According to the suit, the family didnâ€t learn about the alleged sampling until 2015, when a reporter contacted them. Two years later, they settled with WWE for $50,000, but Kim Schofield now claims that agreement should be thrown out because WWE withheld information about the long-term use of the track—including its use in a Toyota national ad campaign that aired just two days after the deal was signed.

Schofield claims WWE downplayed the trackâ€s value and even rejected her request for writing credit, allegedly calling the ask “greedy†and “opportunistic.â€

Also named in the lawsuit are music publisher Pix-Russ Music and Cynthia Jo Russell, the widow of Bobby Russell. Pix-Russ and the Russell estate are accused of challenging Schofieldâ€s copyright claim on grounds that her fatherâ€s version was an unauthorized derivative work. Schofield counters that the Russell estate accepted royalties related to the horns—an alleged acknowledgment of their originality.

In addition to invalidating the previous WWE settlement, Schofield is also seeking damages exceeding $150,000. She also claims WWE breached the original settlement by releasing a 2019 version of Cenaâ€s theme under the name “The Champ Is Here,†which allegedly contained a re-recorded imitation of the same horn arrangement.

At the time of filing, no defendant had responded to the complaint. The suit notes that under federal rules, defendants typically have 21 days to respond once served—or 60 days if they agree to waive service.

Do you think Kim Schofield has a case? Should WWE have disclosed the Toyota campaign before settling? Drop your take in the comments—we want to hear what you think about this legal battle over one of wrestlingâ€s most famous theme songs.

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