Cody Rhodes, WWE, & Fanatics sued over American Nightmare trademark

[3Rivers]

Cody Rhodes, WWE & Fanatics are being sued over ‘American Nightmare’

The holder of the trademark on the terms, who founded and fronts a punk band called ‘American Nightmare’, says some of the WWE champ’s merch violates the terms of a settlement agreement that gave Cody use of it back when he was still with AEW.

www.cagesideseats.com

When Cody Rhodes applied for a trademark on the term “American Nightmare” in 2019, it was opposed by Wesley Eisold, the lead singer and co-founder of a punk band out of Boston called — you guessed it — American Nightmare.

Eisold registered a trademark on “American Nightmare” in 2016 for the band, which was formed in 1998 and last toured in 2023. Rhodes and Eisold reached a settlement in 2021 while Cody was still with AEW. For $30,000, Rhodes got the rights to use “American Nightmare” on merchandise provided “such items prominently used Rhodes’ name, likeness, or wrestling-related imagery in a size at least 75% larger than the ‘American Nightmare’ text”.

That settlement agreement is an exhibit in a lawsuit Eisold filed on Wednesday (Sept. 4) against Rhodes, his current employer WWE, and WWE’s merchandising partner Fanatics. The suit was first reported on by Post Wrestling, and alleges trademark infringement, breach of contract, and intentional interference with contractual relations. It asks the federal court in California for damages of at least $150,000, additional treble (punitive) damages of up to $300,000 related, and recovery of the plaintiff’s legal fees.

Eisold’s suit specifically mentions the “Crown” design Rhodes t-shirt sold by WWE & Fanatics, comparing it to the band’s tour merch:

Images from Eisold’s complaint. Left: “Crown” T-shirt design sold on WWE’s Fanatics shop; Right: An item sold by the American Nightmare band PostWrestling.com
Without getting a ruler out, and depending on whether or not Cody’s neck tattoo counts as “Rhodes’ wrestling-related imagery”, it appears a number of designs currently listed on the Fanatics-run WWE Shop may also violate the 2021 agreement with Eisold.

The suit claims WWE’s Cody merch is confusing both his fans and fans of the band, citing examples from social media where either Rhodes or the band is incorrectly tagged, and people where Cody’s shirts to American Nightmare concerts.

Lawyers representing Eisold contacted Rhodes’ representatives in 2022 about the shirt shown above and claims they never heard back. That was followed by sending cease & desist letters to Cody and Fanatics, with the latter referring them to WWE.

 

[Cattle Mutilation]

I've been a fan of that band since my high school days, so always wondered how Cody/AEW/WWE got away with using that moniker.

 

[Art Barr]

nikka....
Who....!!?!!

Plus cody should have found another cot damn slogan and nickname.

Now time to pay the piper.
Ol nepotism based slogan that does not even match.
nuffin about Cody and the tat is worse.

Pay up.
Why even play those games.

When you could have made anything else.
fukk around and be common.
Once they sue you.
for your common sense.


Art Barr

 

[Ohnoits]

nikka....
Who....!!?!!

Plus cody should have found another cot damn slogan and nickname.

Now time to pay the piper.
Ol nepotism based slogan that does not even match.
nuffin about Cody and the tat is worse.

Pay up.
Why even play those games.

When you could have made anything else.
fukk around and be common.
Once they sue you.
for your common sense.


Art Barr

It was originally used by his brother in the 90s.

Dustin 'The American Nightmare' Rhodes

And they came to an agreement on it. Things like this often just get settled.

 

[Art Barr]

It was originally used by his brother in the 90s.

Dustin 'The American Nightmare' Rhodes

And they came to an agreement on it. Things like this often just get settled.

Cody wished he was as talented as his brother.

Yet and still....
the nickname of their stage name is not fitting either.

It should have been approached by a higher up exec.
To not happen in the first place.

Especially when liability arises. That could be costly.

Now pay up cody.

Believe he got the neck tat to try to claim ownership.
When the neck tat not stopping.
The lawyer fees and retainers from falling through.



Likeni said.
fukk around and be common.
Once they sue you for your common sense.


If cody was or had any culture.
Codybwould knkwnhiphop culture and not violated. Some shyt you know culturally happened before.

Now time to pay up.
Either a retainer or a judgemental.
When you could avoid all that.


Art Barr