The legal battle between WWE Champion Cody Rhodes and musician Wesley Eisold over the “American Nightmare” name has intensified. Rhodes, WWE, and Fanatics have filed motions to dismiss Eisold’s claims of trademark infringement and breach of a 2021 settlement agreement, which centers on their shared use of the name—Eisold for his band American Nightmare and Rhodes for his wrestling persona.
Eisold alleges that WWE and Fanatics breached the settlement by selling merchandise labeled “American Nightmare” without sufficiently associating it with Rhodes’ wrestling identity. He argues that items sold through the WWE Shop fail to meet the agreement’s standard, as they do not include enough of Rhodes’ name, likeness, or wrestling elements to distinguish them from Eisold’s band.
WWE and Fanatics counter that the merchandise prominently features Rhodes’ iconic skull logo, tattooed on his neck, which they claim satisfies the agreement’s requirements. Attorneys for the defense stated:
“Runnels [Rhodes] has a prominent neck tattoo of the Skull Mark. By virtue of Runnels’ worldwide popularity, [the tattoo] has become widely recognized as part of his ‘likeness.’”
The defense also argues that the skull logo, registered as a wrestling trademark, combined with the “American Nightmare” text, meets the standard of “substantial indicia indicating association with wrestling,” as outlined in the original settlement.
Eisold’s legal team disagrees, claiming the merch still fails to adequately represent Rhodes’ wrestling identity. They also argue the lack of clarity in the original settlement—signed during Rhodes’ AEW tenure—about what constitutes sufficient wrestling indicia.
Notably, WWE and Fanatics claim they were unaware of the Eisold-Rhodes agreement until the lawsuit was filed, arguing they could not have knowingly caused a breach.
The dispute raises novel legal questions, including whether a tattoo can serve as a legal trademark. WWE and Fanatics maintain that Rhodes’ skull tattoo is a symbol fans “associate with wrestling and Runnels.”
Eisold’s team contends that the merchandise causes consumer confusion and violates his rights. The case, being heard in the Central District of California, is ongoing, with both sides represented by high-profile legal teams.
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