Punk rock musician Wesley Eisold has sued WWE, Cody Rhodes, and Fanatics over alleged trademark infringement, breach of contract, and intentional interference with contractual relations.
POST Wrestling and WrestleNomics’ Brandon Thurston reported the news. Eisold has been the lead singer and co-founder of the band American Nightmare since 1998, with the band touring as recently as last year. He holds the trademark rights to the term, something he registered in 2016 for use in music, clothing, and entertainment services, according to a filing with the U.S. Patent and Trademark Office.
Rhodes applied for the term in 2019 for wrestling-related purposes and was opposed by Esold, with the two sides agreeing to a settlement in March 2021 to resolve the dispute. The report noted, “Under the settlement terms, Rhodes was allowed to use “American Nightmare” on his merchandise under the condition that such items prominently used Rhodes’ name, likeness, or wrestling-related imagery in a size at least 75% larger than the “American Nightmare” text, according to the settlement agreement provided as an exhibit to Eisold’s complaint. In exchange, Rhodes agreed to a one-time payment to the musician of $30,000.”
Eisold claims Rhodes, WWE, and Fanatics have violated the deal by selling merchandise that failed to meet the agreed-upon conditions. Eisold claims WWE is selling merch with the phrase with little or no reference to Rhodes or the use of wrestling imagery, which “is confusing both fans of his band and WWE fans.”
He also alleged other items violated the agreement and cited various instances. In addition to covering attorneys fees, Eisold wants damages of at least $150,000 and treble damages of up to $300,000 related to federal trademark infringement. You can read the full report here.
