Musician Wesley Eisold Filed Lawsuit Against Cody Rhodes, WWE, & Fanatics Over “American Nightmare” Trademark Infringement

Wrestlenomics’ Brandon Thurston reported that a lawsuit against Cody Rhodes, WWE, and Fanatics was recently filed by punk rock musician Wesley Eisold in Federal court in California based on recent court records.

Thurston reported that Eisold is alleging that Rhodes, WWE, and Fanatics committed trademark infringement, breach of contract, and intentional interference with contractual relations. Thurston also reported that Eisold has held the trademark for “American Nightmare” for use in music, clothing, and entertainment services since 2016.

Rhodes reportedly applied to register the trademark for “The American Nightmare” for wrestling-related purposes in March or 2019 but this was opposed by Eisold. The two parties reportedly eventually agreed to a settlement to a settlement deal in March of 2021 to resolve the dispute and allow Rhodes to register his trademark.

Under the terms of the settlement, Rhodes reportedly was allowed use the term “American Nightmare” on his merchandise under the condition that such items prominently used Rhodes’ name, likeness, or wrestling-related imagery in a size at least 75% larger than the “American Nightmare” text. Rhodes also had agreed to a one-time payment to Eisold for $30,000 as part of the terms.

In the lawsuit, Eisold is claiming that Rhodes, WWE, and Fanatics have violated the agreement by selling merchandise items that fail to meet those conditions. Eisold stated that many items WWE is selling through Fanatics prominently display the “American Nightmare” phrase with little to no reference to Rhodes or wrestling imagery. Eisold is claiming that this is causing marketplace confusion for both fans of his band and WWE fans. Among the specific complaints includes a “Crown” t-shirt being sold by WWE that uses the “American Nightmare” text and does not appear to contain a specific reference to Rhodes’ name or likeness, or wrestling-related images.

In his lawsuit, Eisold stated “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. 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.”

The lawsuit also stated that Eisold’s legal representatives had contacted Rhodes’ lawyer in 2022 about the infringing “Crown” t-shirt design bit did not receive a response. Eisold also stated that his legal counsel had sent separate cease and desist letters to Fanatics and Rhodes this past April and May. Eisold also stated that his attorney received a letter from WWE that indicated that Fanatics refereed this dispute to the company. Eisold also stated that other than this letter, he has not received any other correspondence from the defendants.

Eisold is current seeking damages of at least $150,000 and treble damages of up to $300,000 related to federal trademark infringement.

Following the release of Thurston’s report, Eisold’s band Cold Cave responded on Twitter stating:

“Listen you fucking dolts. I already own the name. Doesn’t matter who you like. They licensed it from me. Then violated that agreement.”

Listen you fucking dolts.
I already own the name.
Doesn’t matter who you like.
They licensed it from me.
Then violated that agreement. https://t.co/XbyO5LYV9G

— COLD CAVE (@ColdCave23) September 5, 2024