Wesley Eisold, lead vocalist of the band American Nightmare, is taking legal action against Cody Rhodes, WWE, and Fanatics, accusing them of violating terms concerning the “American Nightmare” trademark. Eisold, who has held the trademark in connection with clothing, music, and entertainment services since 2016, claims that the defendants have transgressed an agreement allowing Rhodes use of the nickname, but only with prominent reference to his wrestling persona.
According to the agreement, ambiguities arising from the shared use of the names were to be handled cooperatively to avoid confusion, and no party was to assist or encourage third parties to act in contradiction to this accord. However, Eisold asserts that the defendants have failed to fulfil these conditions, as merchandise labeled with the “American Nightmare” slogan is being sold without any indication of Rhodes’ wrestling background. The selling of these items has created market confusion, with fans of both Eisold’s band and Rhodes unknowingly wearing items of merch and tagging both entities in social media posts.
Eisold alleges that damages amount to at least 0,000, and he is also seeking triple damages, which may amount to 0,000, in relation to federal trademark infringement. Additionally, he is pursuing coverage of attorneys’ fees.