Cody Rhodes, Fanatics, & WWE Sued Over American Nightmare Trademark

The pro wrestling world is full of stories about lawsuits and copyrights. It’s always important to lock down your intellectual property, and now Cody Rhodes, WWE and Fanatics are all being taken to court over the use of Rhodes’ famous American Nightmare name.

Post Wrestling reports that Wesley Eisold, a punk rock musician and lead singer of the band American Nightmare, has filed a lawsuit against Cody Rhodes, WWE, and WWE’s primary merchandising partner, Fanatics. The lawsuit, lodged in federal court in California on Wednesday, alleges trademark infringement, breach of contract, and intentional interference with contractual relations.

Eisold, who co-founded American Nightmare in 1998, holds a trademark for “American Nightmare” registered in 2016, covering music, clothing, and entertainment services. His band has been active intermittently, with recent tours in 2023.

The legal conflict dates back to March 2019, when Cody Rhodes applied to register the trademark “The American Nightmare” for wrestling-related use. Eisold, who had secured a similar trademark, opposed Rhodes’ application. The dispute was reportely settled in March 2021, allowing Rhodes to use the trademark, with the condition that any merchandise featuring “American Nightmare” must prominently display Rhodes’ name, likeness, or wrestling imagery in a size at least 75% larger than the text. Rhodes, who was then under contract with AEW, later rejoined WWE in 2022 and continued to use the trademark.

As part of the settlement, Cody Rhodes agreed to a one-time payment of $30,000 to Eisold. However, Eisold now alleges that Rhodes, WWE, and Fanatics have breached the agreement. According to the lawsuit, merchandise sold by WWE through Fanatics features the “American Nightmare” text with minimal or no reference to Rhodes or wrestling imagery, causing confusion among fans of both the band and WWE.

Eisold’s complaint specifically highlights the crown T-shirt design as an example of the alleged infringement. This design uses the “American Nightmare” text without clear references to Rhodes or wrestling-related images, as shown in the images provided in the complaint. This could damage Cody, because he sells a ton of merchandise.

The lawsuit also notes that social media activity has indicated confusion among fans, who have tagged the American Nightmare band’s social media accounts in posts related to the WWE merchandise. Eisold’s legal team previously contacted Rhodes’ lawyer in 2022 about the crown T-shirt design but received no response. More recently, cease and desist letters were sent to Fanatics and Rhodes in April and May 2024. Eisold’s attorney received a letter from WWE on May 31, indicating that Fanatics had referred the matter to WWE, but no further correspondence from the defendants has been received.

In addition to seeking damages of at least $150,000, Eisold is pursuing treble damages of up to $300,000 for federal trademark infringement, as well as recovery of attorneys’ fees.

WWE, Fanatics, Cody Rhodes, Rhodes’ trademark attorney, and Eisold’s legal representatives have not responded to the outlet with any comments. We will update this article with any responses received here at Ringside News.

What’s your take on this new lawsuit over Cody Rhodes’ name? Do you think that they stand a chance to win a big settlement? Let us know what you think in the comments section!