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

A new extension has been requested for WWE, Cody Rhodes and Fanatics to respond to the lawsuit filed against them over the “American Nightmare” trademark. PWInsider reports that all parties in the lawsuit submitted a joint motion on May 31st asking for additional time to respond to the lawsuit.

The motion notes that a “potential resolution” — aka, a settlement — is being considered by the parties and they are asking for additional time to work things out. The motion states:

“WHEREAS, the Parties have continued discussions to resolve this matter, including Defendants’ disclosures of additional information to Plaintiff’s counsel for purposes of settlement governed by the operative protective order, and further exchanges in settlement demands and terms. Since the last extension request, Defendants have made additional disclosures to Plaintiff’s counsel pursuant to the operative protective order, and Plaintiff’s counsel has revised Plaintiff’s settlement demand. Defendants are evaluating Plaintiff’s revised demand and expect to promptly respond to it within the next week. There remains additional structuring and scope issues in a potential resolution that are being considered by the Parties that is taking additional time to due diligence. The Parties thank the Court for affording them the opportunity to focus their resources on resolving this matter.”

The United States District Court, Central District of California (Western Division – Los Angeles) agreed to the motion and the Scheduling Conference set for July 2th has been bumped to August 15th.

As previously reported, Wesley Eisold — who is the frontman for the band American Nightmare — filed 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.