Extension Request In WWE, Cody Rhodes & Fanatics ‘American Nightmare’ Lawsuit Approved

A judge has approved the join request for an extension in the lawsuit filed against WWE, Cody Rhodes and Fanatics over the “American Nightmare” trademark. As previously reported, a joint motion was filed by all parties on May 31st asking for additional time for the defendants to respond to the lawsuit, noting that a “potential resolution” is being considered by the parties. PWInsider reports that the judge in the case approved the joint motion on July 22nd.

The defendants must now respond to the lawsuit by September 26th, with a hearing set for October 10th about a motion to dismiss filed by said defendants. A conference in regard to scheduling is set for October 31st.

Wesley 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.