WWE’s legal woes continue.
As noted, WWE, Cody Rhodes and Fanatics are dealing with legal issues as a result of “The American Nightmare” trademark and usage.
Boston-based rock singer Wesley Eisold, front man for the band “American Nightmare,” has filed a lawsuit before the United States District Court, Central District of California against Cody [Runnels] Rhodes, WWE and Fanatics, the latter of whom handles WWE’s merchandise.
This week, The Boston Herald provided an update on the legal situation.
On November 1, Eisold filed an amended lawsuit against the defendants, alleging that he owns the rights to the “American Nightmare” trademark, and came to an agreement with Rhodes when the WWE Superstar attempted to trademark the name.
According to the lawsuit, “Eisold allowed Runnels 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.”
Additionally, Eisold is alleging that the defendants are selling items that ignored the agreement between himself and Rhodes.
“The Runnels clothes are brandished with the words “American Nightmare” but do not include Runnels’ name, his name, likeness, or indicia of wrestling (or do so in puny fashion),” Eisold stated. “The counterculture-style clothes often feature a winged skull embossed with the stars and stripes (“Runnels Logo”), a black-and-white winged skull, or various representations of the U.S. flag. . Widespread confusion about Runnels’ use of the Eisold Mark persists among WWE fans and Runnels’ fans. Legions of American Nightmare fans ask Eisold if he endorses Runnels or the wrestler’s use of the Eisold Mark and his image. Eisold’s fans frequently buy the Runnels clothes by accident, Runnels’ fans regularly buy the Eisold clothes by mistake, and fans of both inadvertently make and purchase apparel that mix references to both the band and to Runnels.”
Eisold is seeking a jury trial, a judgment against Rhodes that he committed breach of contract, federal trademark infringement, and California trademark infringement, a judgment against Fanatics and WWE “that they have committed inducement of breach of contract, intentional interference with contractual relations, federal trademark infringement, and California trademark infringement under 15 U.S.C. § 1114, California Business & Professional Code section 17200 et seq., and California common law.”
The lawsuit seeks damages in the amount of $900,000 and an injunction against the defendants to prevent the sale of Rhodes shirts that violate Eisold’s trademark as well as attorney’s fees.
We will keep you posted.
When you hear it from the man himself, it hits different.
Humbled and honored by the continued support of the @WWE Universe ❤️
Let’s keep it going, @michaelrubin! #FanaticsFest pic.twitter.com/Ul64YkSwoY
— Cody Rhodes (@CodyRhodes) August 18, 2024
