The legal battle surrounding the use of the “American Nightmare” trademark by Cody Rhodes, WWE, and Fanatics is heating up.
Wesley Eisold, the frontman of the band American Nightmare, filed a lawsuit in September, alleging trademark infringement, breach of contract, and interference with contractual agreements. The core of Eisold’s claim is that although he had granted Cody Rhodes permission to use the nickname “American Nightmare” while he was in AEW, he argues that the current use by WWE and Fanatics has violated the terms of their agreement.
Eisold holds the trademark for the term “American Nightmare” in various fields like music, clothing, and entertainment since 2016. The 2021 agreement between Eisold and Rhodes allowed the latter to use the trademark, as long as Rhodes’ name, likeness, or something closely associated with his wrestling persona was included on any related merchandise. Eisold claims that WWE and Fanatics have sold merchandise under the “American Nightmare” name with little to no reference to Rhodes’ wrestling persona, causing confusion in the marketplace, particularly as fans wear these shirts to his band’s concerts.
Eisold is seeking at least $150,000 in damages, along with potential treble damages, which could bring the total to up to $300,000 for federal trademark infringement. The defendants have been granted an extension to respond to the lawsuit and are expected to file their response by January 17th.
This case will likely have significant implications not just for the parties involved, but also for how trademarks are used and licensed in the wrestling and entertainment industries, especially when it comes to balancing the interests of musicians, athletes, and merchandisers.
NOTE: If you have any news tips or podcast recaps that you’d like to send in for us to post (full credit will be given to you), please email me at [email protected].