On September 4, Wesley Eisold, a punk rock musician, filed a lawsuit against Cody Runnels (Cody Rhodes), WWE, and Fanatics before the federal court in California. Eisold alleges trademark infringement, breach of contract, and intentional interference with contractual relations.
Wesley Eisold formed the American Nightmare band in 1998 and trademarked the band name for music, clothing, and entertainment services in 2016. Cody Rhodes applied to trademark the “American Nightmare” for wrestling purposes in 2019. However, Eisold opposed Rhodes’ application.
In 2021, Rhodes and Eisold agreed to a settlement that allowed Rhodes to register the trademark. In exchange, Rhodes paid a one-time payment to Eisold of $30,000.
According to the settlement agreement provided as an exhibit to Eisold’s complaint, Rhodes was allowed to use “American Nightmare” on his merchandise but Rhodes’ name, likeness, or wrestling-related imagery should be at least 75% larger than the “American Nightmare” text.
In the lawsuit, Eisold claimed that WWE and Fanatics had violated the agreement. The musician’s counsel sent separate cease-and-desist letters to Fanatics and Rhodes in April and May this year. However, Eisold didn’t receive a proper response from either side.
Wesley Eisold is seeking damages of at least $150,000, as well as treble damages of up to $300,000 related to federal trademark infringement.