While speaking to the Memorabilia Guy website, Jack Swagger revealed that WWE owns the rights to the name “Jack Swagger” and he can not use it on the independent circuit. He will be using the name “Formerly Known as Jack Swagger” on his appearances. This is basically a work-a-round so that WWE can’t go after him or the promotion he appears on for copyright and trademark infringement.
“Intellectually, they own ‘Jack Swagger’, but I’ve been that for 10 years now, so I think the easiest way for me, at this point, to not get into any issues, and not to get into any red tape, I’m going as ‘Formerly Known as Jack Swagger’.”
As noted, Swagger is free to work the indie circuit just as long as they aren’t televised events. After 90-days is up, he can appear on television anywhere he chooses.