In a dramatic twist that has captivated both wrestling and music fans, musician Wesley Eisold has launched a legal battle against WWE superstar Cody Rhodes, the sports entertainment giant WWE and the merchandise company “Fanatics.” The lawsuit, filed in a California court, centers on allegations that Rhodes has violated the terms of a trademark settlement agreement from March 2019.
Eisold, the lead singer and co-founder of the post-hardcore band American Nightmare, claims that Rhodes’ recent use of the “American Nightmare” trademark infringes on the rights secured in their prior settlement. This legal clash highlights the ongoing conflicts between intellectual property rights in different entertainment spheres, as the worlds of wrestling and music collide over a shared term.
Trademark Wars: The Background
Wesley Eisold’s band, American Nightmare, has been a significant presence in the post-hardcore music scene since its inception in 1998. Eisold’s claim to the “American Nightmare” trademark dates back to 2016, when he secured the rights to the term for a range of uses, including music, clothing and entertainment services. This trademark has been a cornerstone of the band’s branding, influencing their merchandise and public identity.
Notably, the trademark’s influence extends even to diverse fields such as Vietnam online betting, showcasing its broad impact. According to reports from Post Wrestling, Eisold’s band has continued to thrive, with recent tours as of 2023, demonstrating the ongoing relevance and commercial value of the “American Nightmare” brand in the music industry.
The Lawsuit: Claims and Compensation
Eisold’s lawsuit accuses Cody Rhodes and his associates of serious legal infractions, including trademark infringement, breach of contract, and intentional interference with contractual relations. The lawsuit claims that Rhodes’ recent merchandise and promotional activities have violated the terms agreed upon in their previous settlement. Specifically, Eisold is seeking damages of at least $150,000, which he argues is fair compensation for the infringement on his trademark.
Furthermore, he is pursuing treble damages of up to $300,000, a legal remedy designed to punish the defendant for federal trademark violations and deter similar conduct in the future. Additionally, Eisold is requesting reimbursement for his legal fees, which could further escalate the financial stakes of this legal battle. The outcome of this lawsuit could set a significant precedent for how trademark disputes are resolved in the industry.
Rhodes’ Wrestling Persona and Previous Dispute
Cody Rhodes, a prominent figure in WWE, has used the “American Nightmare” nickname extensively in his wrestling career, drawing a parallel to his father Dusty Rhodes’ famous “American Dream” moniker. This persona has been a significant part of Rhodes’ branding and has contributed to his popularity in the wrestling world. The current dispute is not the first time Eisold and Rhodes have clashed over the trademark.
In March 2019, they reached a settlement in which Rhodes agreed to pay $30,000 to use the trademark in contexts related specifically to wrestling. This settlement was intended to allow Rhodes some leeway while protecting Eisold’s rights to the trademark in other areas. The terms stipulated that Rhodes could use the term on merchandise, but only if it was accompanied by wrestling-related imagery or his own likeness in a font size significantly larger than the trademark text.
Controversial Merch: The Heart of the Dispute
The crux of Eisold’s current legal claim revolves around specific merchandise items that he argues are in breach of the settlement terms. One particular item of contention is Rhodes’ “Crown” t-shirt, which features the “American Nightmare” text without any accompanying wrestling imagery or references to Rhodes himself. Eisold contends that this t-shirt, which prominently features the trademarked term, is misleading to fans and creates confusion between his band’s brand and Rhodes’ wrestling persona.
Eisold’s legal team initially reached out to Rhodes’ representatives in 2022, attempting to resolve the issue amicably. However, when these communications were met with silence, they escalated the matter by sending cease and desist letters to both Cody Rhodes and Fanatics in April and May 2024. Fanatics, the company responsible for distributing the merchandise, reportedly redirected Eisold’s legal team to WWE, further complicating the resolution process. The ongoing nature of the dispute underscores the complexities of trademark law, particularly when intellectual property crosses over between different entertainment industries.
