Cody Rhodes, WWE & Fanatics sued over ‘American Nightmare’ trademark
Image: WWE
A musician is suing Cody Rhodes, WWE & Fanatics over the “American Nightmare” trademark, claiming Rhodes isn’t following the terms first agreed to in a March 2019 settlement.
First reported by Post Wrestling, the lead singer & co-founder of the band American Nightmare has held a trademark for the term since 2016 for use in “music, clothing and entertainment services.”
Wesley Eisold’s lawsuit filed in California alleges trademark infringement, breach of contract and intentional interference with contractual relations. Eisold’s band, founded in 1998, has toured as recently as 2023.
He is suing for damages of at least $150,000 in addition to treble damages of up to $300,000 related to federal trademark infringement. He is also looking to recover legal fees.
Rhodes has used the term as his nickname for years, a take on his father Dusty Rhodes’ American Dream nickname.
This isn’t the first time Eisold and Rhodes have done legal battle as they settled in the aforementioned March 2019 dispute for $30,000 when Rhodes applied for the trademark for wrestling-related activities.
The terms were that Rhodes could use the term on 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,” according to the Post report.
One item Eisold claims is confusing both fans of his band and WWE is Rhodes’ “Crown” t-shirt which doesn’t feature imagery of Rhodes or wrestling but uses the term instead. Eisold’s legal team reached out to Rhodes’ legal team in 2022 about the shirt, but claims they never were responded to. Eisold’s team then sent cease and desist letters to both Rhodes and Fanatics in April and May 2024 with Fanatics referring them to WWE.
Eisold responded on X to some of the criticism he is getting from fans for this lawsuit: