WWE and Fanatics have officially responded to the trademark litigation tied to the “American Nightmare” nickname used by Cody Rhodes.
Wesley Eisold launched a lawsuit in September against Rhodes, WWE, and Fanatics, citing infringement of trademark, violation of contract, and deliberate disruption of contractual agreements.
As the frontman for the band called American Nightmare, Eisold claims that he has held the trademark for the name related to clothing, music, and related entertainment services since 2016. He states that he allowed Rhodes to employ the nickname for his WWE persona, given Rhodes’ name, likeness, or notable wrestling-linked signs were prominently displayed.
Eisold asserts that WWE, Cody Rhodes, and Fanatics have violated this agreement by selling merchandise marked with “American Nightmare” without sufficient references to Rhodes’ wrestling identity. This, he says, is muddying the marketplace.
According to Wrestling Inc., on Friday, WWE and Fanatics requested dismissal of the case. They argue that none of the merchandise Eisold alleges as infringing falls within the framework of his previous arrangement with Rhodes as it depicts Rhodes’ skull logo tattoo.
They further contend that the trademark can be considered as representing significant connections to wrestling due to its utilization in WWE.
WWE and Fanatics also maintain that they had no knowledge of the earlier settlement until Eisold initiated his lawsuit. They only discovered the contract details when it was introduced during the lawsuit process. Therefore, they insist they can’t be held liable for Rhodes breaching the agreement.
Additionally, Cody Rhodes’ legal counsel has called to join the dismissal motion put forth by WWE and Fanatics.