WWE, Cody Rhodes, & Fanatics Sued Over The American Nightmare Trademark
09/05/2024 11:43 PM
Cody Rhodes, WWE, and Fanatics are being sued over the "American Nightmare" trademark.
Wesley Eisold, who is the frontman for a band named American Nightmare, has filed a lawsuit in a federal court in California accusing Rhodes, WWE, and Fanatics of trademark infringement and “breach of contract and deliberate interference with contractual agreements.”
In his suit, Eisold states that he's held the trademark for the name in terms of clothing, music, and entertainment services since 2016.
Back in 2021, Eisold says he agreed to allow Rhodes to use the nickname while he was in AEW after Rhodes filed his own trademark application. The parties reportedly entered into an agreement allowing Rhodes to use the trademark as long as they prominently feature Rhodes' name, his name and likeness, or "substantial indicia associated with wrestling."
The agreement said that the parties would "reasonably cooperate to prevent reoccurrences of any confusion resulting from their concurrent use of the two marks."
Additionally, "no Party shall assist any third party in taking any action, or cause or request any third party to take any action, that the Party is prohibited from taking under this Agreement."
Eisold now claims WWE, Cody Rhodes, and Fanatics have violated the agreement by selling merchandise with the "American Nightmare" slogan on it but there is no reference to Rhodes being a wrestler on the merch, which has led to confusion in the marketplace. Eisold claims he’s seen many people wearing Rhodes' merchandise to his band's concerts and they're often tagged in social media posts and stories about Cody. The lawsuit states,
"86. Fans of WWE and wrestling continue to frequently tag the American Nightmare in Facebook and social media posts. Some fans who have tagged both Runnels and the band in posts have asked if Eisold and American Nightmare approve of the Runnels clothes.
87. To date, fans of both Runnels and American Nightmare purchase the Runnels clothes. Fans attending American Nightmare concerts and other events— including in California and specifically this judicial district—wear both the Runnels clothes and the Eisold clothes.
88. Fans of Runnels and Eisold commonly make, buy, and wear clothes that mix Eisold Mark, the Runnels Mark, the Eisold Angel Logo, the Eisold Shield Logo, the Runnels Logo, and references to both parties."
Eisold is asking for at least $150,000 in damages. He’s also seeking treble damages of up to $300,000 for federal trademark infringement and attorneys' expenses.
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