The legal battle over the “American Nightmare” trademark has taken a new turn as Cody Rhodes, WWE, and Fanatics have secured additional time to address the lawsuit filed by musician Wesley Eisold. According to Mike Johnson of PWInsider, all three defendants now have until April 7 to formulate their response to the ongoing litigation.
Eisold initiated legal action in September 2024, claiming violations of a previous agreement established in 2021 regarding the use of the phrase “American Nightmare.” The core of the dispute centers on merchandise that allegedly breaches the terms of their arrangement. The original agreement stipulated specific limitations on Rhodes’ usage rights:
Eisold allowed Runnels [Rhodes] to use (but not register) the Runnels Mark in clothing and apparel on the express condition that the only clothes and apparel that Runnels was allowed to sell had to prominently feature Runnels’ name, Runnels’ name and likeness, or significant indicia of wrestling—which must be 75% or larger than the Runnels Mark
The lawsuit contends that some merchandise displays “American Nightmare” without sufficient reference to Rhodes himself, creating confusion among fans of both the wrestler and Eisold’s band of the same name. Reports indicate instances where consumers have inadvertently purchased items intended for the other fanbase.
Eisold’s legal team is pursuing substantial remedies through a jury trial. The musician seeks judgments confirming breach of contract and trademark infringement against Rhodes, while also holding WWE and Fanatics accountable for allegedly inducing these violations. The lawsuit requests $900,000 in damages, an injunction preventing further sales of non-compliant merchandise, and coverage of legal expenses.
WWE previously attempted to have the case dismissed in November 2024. Their motion argued that Rhodes’ distinctive neck tattoo has become a recognized element of his image and that consumers now associate the “Skull Mark” specifically with the wrestler:
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’. [C]onsumers have become accustomed to associating the Skull Mark, with not only wrestling, but with a single source, namely, Runnels.
The April deadline gives all parties additional time to prepare their formal legal responses as this trademark dispute continues to develop.
