Wesley Eisold, a punk rock musician, has sued WWE, Cody Rhodes, and Fanatics for alleged trademark infringement, breach of contract, and intentional interference with contractual relations.
Brandon Thurston of POST Wrestling and WrestleNomics reported on the news. Eisold has been the lead singer and co-founder of American Nightmare since 1998, and the band most recently toured last year. He owns the trademark for the term, which he registered in 2016 for use in music, clothing, and entertainment services, according to a filing with the United States Patent and Trademark Office.
Rhodes applied for the term in 2019 for wrestling-related purposes, but Esold objected, and the two sides reached an agreement in March 2021 to settle the dispute. According to the settlement agreement provided as an exhibit to Eisold’s complaint, Rhodes was permitted to use “American Nightmare” on his merchandise as long as it prominently featured Rhodes’ name, likeness, or wrestling-related imagery in a size at least 75% larger than the “American Nightmare” text. In exchange, Rhodes agreed to a $30,000 one-time payment to the musician.
Eisold claims Rhodes, WWE, and Fanatics violated the agreement by selling merchandise that did not meet the agreed-upon terms. Eisold claims WWE is selling merch with the phrase but making little or no reference to Rhodes or using wrestling imagery, which “is confusing both fans of his band and WWE fans.”
He also claimed that other items violated the agreement and cited several examples. In addition to attorneys’ fees, Eisold seeks damages of at least $150,000 and treble damages of up to $300,000 for federal trademark infringement.
