Musician Wesley Eisold, vocalist of the band American Nightmare, has filed a lawsuit against Cody Rhodes, WWE, and Fanatics. The lawsuit, filed on September 4, alleges that the defendants have broken terms that Rhodes previously agreed to regarding merchandise that used the “American Nightmare” phrase. Eisold has accused the defendants of breach of contract, inducing breach of contract, and intentional interference with contractual relations.

According to court documents, Eisold filed a trademark for “American Nightmare” in November 2016, relating specifically to music and clothing. Rhodes, whose legal name is Cody Runnels, did not file a trademark on the term until more than two years later. In 2021, Runnels and AEW came to an agreement with Eisold, in which Runnels paid the musician $30,000 and in return was able to continue using “The American Nightmare” moniker under certain conditions.

One of those conditions was that “Cody Rhodes” must be featured on any shirt that uses “American Nightmare,” and the Rhodes name must be 75% larger. The lawsuit alleges that Rhodes’ merchandise with WWE and Fanatics has not adhered to the agreement, with photo evidence showing shirts featuring “The American Nightmare” text and logo without Rhodes’ name. What will likely be determined in court is whether or not that agreement can be enforced after Rhodes left AEW in favor of WWE.

Additional Details On Wesley Eisold’s Trademark Infringement Lawsuit

In the lawsuit’s preliminary statement, Eisold’s lawyers claim that there is “widespread confusion” regarding WWE fans contacting Eisold, asking the musician if he has any association with Rhodes. Additionally, it is alleged that fans of American Nightmare — the band — often find themselves accidentally buying Rhodes’ WWE merchandise.

Despite allegedly being contacted by Eisold’s representatives, WWE and Fanatics are accused of ignoring notices regarding the trademark infringement. Eisold is now asking for a jury trial in the matter, as well as up to $900,000 in damages across all five counts.

There is some level of irony to the lawsuit, as the band American Nightmare was actually forced to change their name in the early 2000s under the threat of a lawsuit from another band with the same name. The hardcore punk band changed their name to Give Up The Ghost and broke up several years later before eventually reuniting under the American Nightmare name. The band continues to play on a part-time basis while Eisold dedicates much of his time to the synth wave project Cold Cave.

Eisold has evidently been contacted online by a number of WWE fans since the news about the lawsuit became public. The vocalist addressed wrestling fans in a post on social media platform X last night, defending his decision to file the lawsuit.

Source: Wrestling Inc.