The Undisputed WWE Champion Cody Rhodes, WWE and Fanatics have been sued for the use of Rhodes’ famous ‘American Nightmare’ name.
Post Wrestling has reported that Wesley Eisold, a punk rock musician and lead singer of the band American Nightmare, has filed a lawsuit against Cody Rhodes, WWE, and WWE’s primary merchandising partner, Fanatics.
The lawsuit tha has been lodged in federal court in California on Wednesday, alleges trademark infringement, breach of contract, and intentional interference with contractual relations.
Eisold, who co-founded American Nightmare in 1998, holds a trademark for “American Nightmare” registered in 2016, covering music, clothing, and entertainment services. His band has been active intermittently, with recent tours last year.
It has been noted that the legal conflict dates back to March 2019, when Cody Rhodes applied to register the trademark “The American Nightmare” for wrestling-related use.
Eisold, who had secured a similar trademark, opposed Rhodes’ application. The dispute was reportely settled in March 2021, allowing Rhodes to use the trademark, with the condition that any merchandise featuring “American Nightmare” must prominently display Rhodes’ name, likeness, or wrestling imagery in a size at least 75% larger than the text. Rhodes, who was then under contract with AEW, later rejoined WWE in 2022 and continued to use the trademark.
As part of the settlement, Rhodes agreed to a one-time payment of $30,000 to Eisold. However, Eisold has now alleged that Rhodes, WWE, and Fanatics have breached the agreement.
As per the lawsuit, merchandise sold by WWE through Fanatics saw the “American Nightmare” text with minimal or no reference to Rhodes or wrestling imagery, confusing fans of both the band and WWE.
Eisold’s complained about the crown T-shirt design as an example of the alleged infringement. This design uses the “American Nightmare” text without clear references to Rhodes or wrestling-related images, as shown in the images provided in the complaint. This could damage Cody, because he sells ton of merchandise.
The lawsuit also mentions that there has been confusion among fans on social media, as they have been tagging the American Nightmare band’s social media accounts in posts related to the WWE merchandise.
In 2022, Eisold’s legal team contacted Rhodes’ lawyer about the crown T-shirt design but did not receive any response. More recently, cease and desist letters were sent to Fanatics and Rhodes in April and May 2024. Eisold’s attorney received a letter from WWE on May 31, indicating that Fanatics had referred the matter to WWE, but no further correspondence from the defendants has been received.
In addition to seeking damages of at least $150,000, Eisold is pursuing treble damages of up to $300,000 for federal trademark infringement, as well as recovery of attorneys’ fees.
