WWE, Cody Rhodes, and Fanatics are required to respond to a lawsuit filed by Wesley Eisold, a Boston-area hardcore punk band singer, by January 17. This comes after the United States District Court for the Central District of California granted them an extension to address Eisold’s amended complaint.
Eisold claims ownership of the “American Nightmare” trademark, which is also the name of his band. According to the lawsuit, he and Rhodes reached an agreement in 2021 when Rhodes, now a WWE Champion, attempted to trademark the phrase. The agreement allowed Rhodes to use (but not register) the trademark for clothing and apparel, with specific conditions. Per the lawsuit, any apparel sold had to prominently feature Rhodes’ name, likeness, or wrestling-related imagery that occupied at least 75% of the design compared to the trademark.
As part of this agreement, Eisold received a $30,000 payment from Rhodes. However, Eisold alleges that the defendants are violating the terms by selling merchandise prominently branded with “American Nightmare” but failing to include Rhodes’ name, likeness, or wrestling-related elements as stipulated. The lawsuit points to designs featuring a winged skull, stars and stripes, or other imagery associated with Rhodes, which Eisold claims are creating confusion among fans of both the band and the wrestler.
Eisold alleges that fans frequently mistake Rhodes’ merchandise for his band’s, and vice versa, leading to accidental purchases. Additionally, he claims that fans are unintentionally creating and buying apparel that mixes references to both the band and Rhodes, further exacerbating the issue.
The lawsuit seeks a jury trial and claims breach of contract, federal and California trademark infringement, and intentional interference with contractual relations. Eisold is demanding $900,000 in damages, an injunction to halt the sale of Rhodes-related merchandise that violates the agreement, attorney’s fees, and any other relief the court deems appropriate.
(H/T: PWInsider.com)
