Update On WWE, Cody Rhodes & Fanatics ‘American Nightmare’ Lawsuit

A new report has an update on the lawsuit filed against WWE, Cody Rhodes and Fanatics over the “American Nightmare” trademark. As previously reported, an extension was granted for the lawsuit in July after a motion was filed by all parties in May. The joint motion had asked for additional time for the defendants to respond to the lawsuit, noting that a “potential resolution” is being considered. PWInsider reports that Wesley Eisol, the plaintiff in the lawsuit, must file a response to the defendants’ motion to dismiss by September 12th, and that the defendants must reply by September 26th.

The report notes that a hearing is set for October 10th regarding the motion to dismiss with a conference regarding scheduling 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.