WWE, Fanatics Attempting To Get "American Nightmare" Lawsuit Dismissed
11/23/2024 05:27 PM
In court filings submitted on Friday, WWE and Fanatics are seeking to have a trademark lawsuit involving Cody Rhodes and the phrase “American Nightmare” dismissed.
The lawsuit, originally filed in September by Wesley Eisold—lead singer and co-founder of the band American Nightmare—claims that he has held a trademark for the term since 2016 for use in "music, clothing, and entertainment services." The suit, filed in California, accuses WWE and others of trademark infringement, breach of contract, and intentional interference with contractual relations.
First reported by Brandon Thurston of WrestleNomics.com, WWE and Fanatics argue for dismissal based on the fact that any use of the "American Nightmare" text is always paired with the distinctive skull logo tattooed on Rhodes' neck, which is a registered trademark. They contend that this practice adheres to the terms of a prior settlement between Rhodes and Eisold.
The earlier settlement stemmed from a March 2019 dispute when Rhodes attempted to trademark the term for wrestling-related purposes, resulting in a $30,000 agreement. As part of the settlement, Rhodes was permitted to use “American Nightmare” on merchandise provided that his name, likeness, or wrestling imagery appeared prominently and at least 75% larger than the text.
Eisold's complaint cites a “Crown” t-shirt as evidence of potential confusion between his band and Rhodes' branding. The shirt reportedly features the phrase without any reference to Rhodes or wrestling. Eisold's legal team contacted Rhodes' attorneys about the issue in 2022 but claims they received no response. Cease-and-desist letters were later sent to both Rhodes and Fanatics in April and May 2024, with Fanatics referring the matter to WWE.
Cody Rhodes, also named in the lawsuit, is represented by separate legal counsel. However, according to Thurston, Rhodes' legal team filed a joinder to WWE and Fanatics' motion, signaling his agreement with their arguments and requesting the court to apply the same rationale to dismiss Eisold's claims against him.
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