WWE, Cody Rhodes & Fanatics will be filing their response to the lawsuit over the use of “American Nightmare” later this month. As you may recall, Wesley Eisold, who is the frontman for the band named American Nightmare, filed suit in September accusing Rhodes, WWE, and Fanatics of trademark infringement as well as breach of contract and deliberate interference with contractual agreements. The defendants had filed a request for an extension of time to respond to Eisold’s amended lawsuit and PWInsider reports that they have until January 17th to respond.
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.
