Cody Rhodes is the unquestionable top babyface in WWE today and has a legion of fans who have supported him throughout his ‘story.’ Rhodes
On Wednesday, September 4, Punk rock musician Wesley Eisold filed a lawsuit against Rhodes, WWE, and the promotion’s merchandising partner Fanatics. The complaint, filed in federal court in California, alleges trademark infringement, breach of contract, and intentional interference with contractual relations.
Eisold is the co-founder and lead singer of the band ‘American Nightmare‘ which has been active off and on since 1998. According to a USPTO filing, Eisold has held a trademark for American Nightmare for use in music, clothing, and entertainment services since 2016. In addition to recovering attorneys fees, Eisold is seeking damages of at least $150,000, as well as treble damages of up to $300,000 related to federal trademark infringement.
Cody Rhodes & Wesley Eisold
In March 2019, Rhodes applied for a trademark on ‘The American Nightmare‘ for the use in wrestling that Eisold opposed. The pair agreed to a settlement in March 2021 which allowed for Rhodes to use the term. Rhodes was with AEW at the time but has since returned to WWE where he continues to go by the nickname.
Under the settlement, Rhodes was allowed to use “American Nightmare” on merchandise under the condition that Rhodes’ name, likeness, or wrestling-related imager was at least 75% larger than the American Nightmare term, differing it from Eisold’s own merch. Eisold claims that Rhodes, WWE, and Fanatics have violated that agreement by selling merchandise that doesn’t fit that requirement.
Eisold’s suit claims that WWE is selling several items through Fanatics with the American Nightmare term that doesn’t fit the previously agreed criteria. Eisold specifically references Rhodes’ ‘Crown T-Shirt design’ that does not contain Cody’s name or an image of him. The only wrestling-related image on the shirt is a WWE logo that is on the sleeve and not the main design.
Eisold’s complaint also alleges that the confusion on social media is evident. m
“Fans of WWE and wrestling continue to frequently tag [social media accounts for the musical band] the American Nightmare in Facebook and social media posts… Fans attending American Nightmare concerts and other events—including in California and specifically this judicial district—wear both the Runnels [Rhodes] clothes and the Eisold clothes.”
Eisold’s legal representatives reached out to Rhodes’ lawyer in 2022 about the Crown shirt, but didn’t receive a reply, the suit adds. Stay tuned to SEScoops for the latest on this developing story.
