Cody Rhodes, WWE & Fanatics Sued Over American Nightmare Trademark

A lawsuit has been filed against Cody Rhodes, WWE, and Fanatics over the trademark to “American Nightmare.” Fightful reports that Wesley Eisold, who is the frontman for the band named American Nightmare, filed suit in federal court in California accuring Rhodes, WWE, and Fanatics of trademark infringement as well as breach of contract and deliberate interference with contractual agreements.

Eisold noted in the suit that he’s held the trademark for the name in terms of clothing, music, and entertainment services trademark since 2016 and had previously agreed to allow Rhodes to use the nickname while he was in AEW after Rhodes filed his own trademark application in 2019. The parties entered into 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.” The agreement said that the parties would “reasonably cooperate to prevent reoccurrences of any confusion resulting from their concurrent use of the two marks” and notes that the agreement states that “no Party shall assist any third party in taking any action, or cause or request any third party to take any action, that the Party is prohibited from taking under this Agreement.”

The lawsuit goes on to say 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. It notes:

“86. Fans of WWE and wrestling continue to frequently tag the American Nightmare in Facebook and social media posts. Some fans who have tagged both Runnels and the band in posts have asked if Eisold and American Nightmare approve of the Runnels clothes.

87. To date, fans of both Runnels and American Nightmare purchase the Runnels clothes. Fans attending American Nightmare concerts and other events— including in California and specifically this judicial district—wear both the Runnels clothes and the Eisold clothes.

88. Fans of Runnels and Eisold commonly make, buy, and wear clothes that mix Eisold Mark, the Runnels Mark, the Eisold Angel Logo, the Eisold Shield Logo, the Runnels Logo, and references to both parties.”

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.