Wesley Eisold, the frontman of the rock band American Nightmare, has filed a federal lawsuit in California against WWE, Cody Rhodes, and WWE’s main merchandising partner, Fanatics. The lawsuit claims trademark infringement, breach of contract, and deliberate interference with Eisold’s contractual agreements.
According to Post Wrestling report, Eisold’s legal action centers on WWE’s use of the “American Nightmare” nickname for Rhodes, the reigning WWE Universal Champion. He argues that WWE's merchandise featuring this name infringes on his registered trademark, which covers a range of uses including music, apparel, and live performances.
In the lawsuit, Eisold is seeking $150,000 in damages and up to $300,000 in treble damages for federal trademark infringement, along with additional attorneys' fees and expenses. He contends that WWE’s merchandise displays the “American Nightmare” name too prominently, leading to confusion among fans. Eisold notes that some fans of his band are mistakenly associating WWE’s merch with his music
Story behind trademark infringement
As per the report, In March 2019, Cody Rhodes sought to register the trademark “The American Nightmare” for wrestling activities. Wesley Eisold, who already held a similar trademark, opposed Rhodes’ application. The dispute was settled in March 2021, allowing Rhodes to register the trademark while he was under contract with AEW. Upon his return to WWE in 2022, Rhodes continued using the trademark.
As part of the settlement, Rhodes was permitted to use “American Nightmare” on merchandise, provided that the items prominently featured his name, likeness, or wrestling-related imagery in a size at least 75% larger than the “American Nightmare” text. Rhodes also agreed to pay Eisold a one-time sum of $30,000. This settlement was included as an exhibit in Eisold’s current lawsuit.
Eisold now alleges that Rhodes, WWE, and Fanatics have breached this agreement. He claims that WWE’s merchandise, sold through Fanatics, often features the “American Nightmare” phrase without adequate reference to Rhodes or wrestling imagery. This, Eisold argues, causes confusion among fans of his band and WWE enthusiasts.
