Posted in: AEW, Sports, TV | Tagged: American Nightmare, Cody Rhodes, wrestling

American Nightmare Band Sues WWE Over Trademark Dispute

Punk band frontman Wesley Eisold takes legal action against WWE and Cody Rhodes over "American Nightmare" trademark, seeking damages for alleged contract breach.

Wesley Eisold, frontman of the hardcore punk band American Nightmare, has initiated legal proceedings against World Wrestling Entertainment (WWE), professional wrestler Cody Rhodes (real name Cody Runnels), and sports merchandise company Fanatics. The lawsuit, filed in federal court in California, alleges trademark infringement, breach of contract, and deliberate interference with contractual agreements, according to a report by Fightful.

The crux of the dispute centers around the use of the "American Nightmare" moniker, which has been a trademark held by Eisold for clothing, music, and entertainment services since 2016. Cody Rhodes, son of legendary wrestler "The American Dream" Dusty Rhodes, adopted the "American Nightmare" nickname in 2016 after departing from WWE to pursue independent wrestling ventures.

According to Fightful's report on the legal filing, Eisold and Runnels had previously reached an agreement in 2021 regarding the use of the "American Nightmare" trademark. This accord was established following Runnels' attempt to file a trademark on the nickname in 2019. The settlement permitted Runnels to utilize the trademark under specific conditions, including the requirement that any merchandise prominently feature Runnels' name, likeness, or substantial indicia associated with wrestling.

The lawsuit alleges that WWE, Runnels, and Fanatics have violated this agreement by selling merchandise bearing the "American Nightmare" name with minimal or no reference to Cody Rhodes as a wrestler. Eisold's legal team argues that this breach has led to marketplace confusion, citing instances where fans have worn Cody Rhodes merchandise to American Nightmare concerts and occasions where the band has been erroneously tagged on social media in posts about the wrestler.

Fightful's report includes excerpts from the lawsuit filing, which detail the specific terms of the 2021 agreement. These terms allowed Runnels to register "The American Nightmare" for entertainment services and use it on clothing, provided the apparel prominently featured Runnels' name or wrestling-related imagery. The agreement also stipulated that both parties would cooperate to prevent confusion resulting from their concurrent use of the marks.

Eisold is seeking substantial damages, including at least $150,000 in compensatory damages and up to $300,000 in treble damages for federal trademark infringement. The plaintiff is also requesting reimbursement for attorneys' fees and expenses.

The situation presents an intriguing twist in the realm of wrestling-related intellectual property disputes. WWE has long been known for its aggressive protection of trademarks, often requiring wrestlers to adopt new ring names upon signing with the company to ensure WWE's ownership of these monikers. This practice has frequently prevented performers from using their WWE-associated names after departing the organization.

It is worth noting that Cody Rhodes' use of the "American Nightmare" nickname predates his return to WWE in 2022. Rhodes initially adopted the moniker during his post-WWE career, which included stints in New Japan Pro-Wrestling (NJPW), Total Nonstop Action Wrestling (TNA), and as a co-founder of All Elite Wrestling (AEW). His successful run outside WWE culminated in a high-profile return to the company, where he has since main-evented two WrestleMania events and currently reigns as WWE Champion after defeating Roman Reigns.

The "American Nightmare" name itself has a rich history beyond both the band and the wrestler. It shares its title with a rockabilly-style song by early punk band The Misfits, featuring lead singer Glenn Danzig's Elvis-inspired vocals. The track was later included in the 1985 compilation Legacy of Brutality. Additionally, American Nightmare is the title of a 1983 Canadian slasher film, as well as a 2024 Netflix true crime series, further illustrating the phrase's cultural resonance.

As this legal battle unfolds, it highlights the complex intersections of intellectual property rights in the entertainment industry. The outcome of this case could have significant implications for trademark agreements and the use of shared monikers across different entertainment mediums. Wrestling fans and legal observers alike will be closely watching as this dispute between a punk rock frontman and one of professional wrestling's biggest stars plays out in the courtroom.

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