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Post Wrestling reported today that Wesley Eisold filed a lawsuit on Wednesday against Cody Runnels (known as Cody Rhodes), WWE, and WWE’s main merchandising partner Fanatics. The contract alleges trademark infringement, breach of contract, and intentional interference with contractual relations.
Though Eisold also makes music as Cold Cave, he’s best known for fronting American Nightmare, the hardcore band that he founded in 1998 and revived in 2017 after years of inactivity. He trademarked the band name for use in music, clothing, and entertainment services, and Cody Rhodes applied to register the trademark “The American Nightmare” for wrestling-related activities in March 2019. Eisold opposed, but the two agreed to settlement in March 2021 to resolve the dispute, allowing Rhodes to use the trademark.
The settlement terms let Rhodes use “American Nightmare” on his merchandise as long as the items prominently used Rhodes’ name, likeness, or wrestling-related imagery in a size at least 75% larger than the “American Nightmare” text. Rhodes agreed to a one-time payment to Eisold of $30,000. Eisold claims Rhodes, WWE, and Fanatics have violated the agreement by selling merchandise items that don’t meet those requirements.
Eisold claims the items they’re selling have the “American Nightmare” phrase with little or no reference to Rhodes or wrestling imagery, claiming it’s confusing for fans of his band and fans of WWE. “Fans of WWE and wrestling continue to frequently tag [social media accounts for the musical band] the American Nightmare in Facebook and social media posts,” Eisold’s complaint reads. “To date, fans of both Runnels and American Nightmare purchase the Runnels clothes. Fans attending American Nightmare concerts and other events — including in California and specifically this judicial district — wear both the Runnels clothes and the Eisold clothes.”
He specifically cites the “Crown” T-shirt design (pictured below), whose only signifier of wrestling is the WWE logo on the short sleeve.