New Extension Requested In WWE, Cody Rhodes & Fanatics ‘American Nightmare’ Lawsuit

An extension has been requested for Wesley Eisol to respond to a motion to dismiss his lawsuit filed against WWE, Cody Rhodes and Fanatics over the “American Nightmare” trademark. As previously reported, Eisol had until September 12th to respond to the defendants’ motion to dismiss the lawsuit that was filed last September. PWInsider reports that Eisol filed a motion on the deadline day asking that the deadline for his response be pushed back to November 14th. The site notes that if the motion is granted, the defendants would then have until December 5th to respond. The court has not yet ruled on the motion.

All parties had previously asked in a joint motion for additional time for the defendants to respond to the lawsuit, noting that a “potential resolution” was being considered. That extension had been granted in July.

Eisold, the frontman for the band American Nightmare, filed the suit against the parties in September 2024 alleging trademark infringement as well as breach of contract and deliberate interference with contractual agreements. Eisold argued in the suit he’s held the trademark for the name in terms of clothing, music, and entertainment services trademark since 2016, and had agreed to allow Rhodes to use the nickname while he was in AEW. They signed an agreement in 2021 allowing Rhodes to use the trademark as long as they prominently feature Rhodes’ name, his name and likeness, or “substantial indicia associated with wrestling.”

Eisold argues that WWE, Cody Rhodes, and Fanatics have violated the agreement by selling merchandise with “American Nightmare” but little to zero reference to Rhodes as a wrestler, arguing that this is creating confusion in the marketplace and noting that people wear Rhodes’ merchandise to his band’s concert and they’re often tagged in social media posts and stories about Rhodes.

Eisold is seeking at least $150,000 in damages as well as treble damages of up to $300,000 for federal trademark infringement, plus attorneys’ expenses.