WWE has officially filed a motion to dismiss a lawsuit involving Cody Rhodes, Fanatics, and a dispute over the ‘American Nightmare’ trademark. The legal battle centers on merchandise tied to Rhodes’ wrestling persona and the use of the trademark, which is also associated with musician Wesley Eisold of the band American Nightmare.
The Origins of the Dispute
In September, news broke that Wesley Eisold, founder of the band American Nightmare, filed a lawsuit against Rhodes, WWE, and Fanatics. Eisold’s band has held the American Nightmare trademark since 2016, covering music, clothing, and entertainment services.
In 2021, Eisold and Rhodes reached an agreement that allowed the WWE star to use the American Nightmare moniker for his merchandise. However, this came with strict conditions:
Rhodes’ name, likeness, or wrestling-related imagery had to feature prominently on any merchandise.
These elements were required to be at least 75% larger than the American Nightmare text.
Eisold alleges that WWE, Fanatics, and Rhodes violated this agreement by selling merchandise displaying the phrase American Nightmare without prominently including Rhodes’ name, likeness, or wrestling imagery. Eisold claims that these breaches confuse fans of both the band and Rhodes, leading to misdirected purchases.
The musician is seeking $450,000 in damages and injunctive relief to prevent further misuse of the trademark.
WWE and Fanatics Push Back
In response, WWE and Fanatics have filed a motion to dismiss the lawsuit. According to a report from POST Wrestling, their attorneys argue that the merchandise complies with the terms of the agreement due to the inclusion of Rhodes’ skull logo. This logo, they state, is inseparably linked to Rhodes’ persona, especially given its prominence as a tattoo on his neck.
The motion highlights:
“Runnels [Rhodes] has a prominent neck tattoo of the Skull Mark which, by virtue of Runnels’ worldwide popularity, has become widely recognized as part of his ‘likeness.’”
It further asserts that fans universally associate the skull logo with Cody Rhodes and professional wrestling, thus meeting the agreement’s conditions for incorporating wrestling-related imagery.
Additionally, WWE and Fanatics claim they were unaware of the prior agreement between Rhodes and Eisold until after the lawsuit was filed. As a result, they argue they cannot be held responsible for allegedly causing Rhodes to breach the contract.
Cody Rhodes Joins the Defense
Cody Rhodes, referred to by his legal name Cody Runnels in court documents, has aligned himself with WWE and Fanatics in seeking to dismiss the claims. His legal team filed a rejoinder supporting the motion, urging the judge to apply the same rationale to dismiss Eisold’s claims against him personally.
What’s Next?
The case is still in its early stages, but WWE, Fanatics, and Rhodes are clearly united in their defense, emphasizing compliance with the agreement and a lack of prior knowledge of its existence. Meanwhile, Eisold remains steadfast in his claims that the agreement has been breached and that confusion over the American Nightmare branding is damaging his business.
As the legal proceedings unfold, the outcome could set a precedent for how intellectual property disputes are handled in the intersection of wrestling, music, and merchandising. Fans of Cody Rhodes and American Nightmare will undoubtedly be watching closely to see how this dispute is resolved.