An update has been provided regarding the ongoing lawsuit filed against Cody Rhodes and WWE over a trademark dispute.
In September 2024, news broke that musician Wesley Eisold had filed legal action against Cody Rhodes, WWE and Fanatics over the use of the phrase “American Nightmare”, which is the nickname for Rhodes and the name of the band fronted by Eisold.
Although Rhodes and Eisold previously reached an agreement in 2021 regarding the use of the phrase, it was alleged that recent merchandise violates the pre-existing agreement. With some shirts notably displaying “American Nightmare” but with no specific reference to Rhodes, Eisold claims that fans of the band and the pro wrestler have been confused and have previously purchased the wrong merchandise. The terms of the agreement were outlined in the lawsuit:
Eisold allowed Runnels [Rhodes] to use (but not register) the Runnels Mark in clothing and apparel on the express condition that the only clothes and apparel that Runnels was allowed to sell had to prominently feature Runnels’ name, Runnels’ name and likeness, or significant indicia of wrestling—which must be 75% or larger than the Runnels Mark
“A judgment against Rhodes that he committed breach of contract, federal trademark infringement, and California trademark infringement, a judgment against Fanatics and WWE “that they have committed inducement of breach of contract, intentional interference with contractual relations, federal trademark infringement, and California trademark infringement under 15 U.S.C. § 1114, California Business & Professional Code section 17200 et seq., and California common law” as well as damages in the amount of $900,000 and an injunction against the defendants to prevent the sale of Rhodes shirts that violate Eisold’s trademark as well as attorney’s fees and any other relief the court may deem.”
WWE Previously Attempted To Dismiss Cody Rhodes Lawsuit
In November 2024, WWE filed a motion looking to dismiss the Eisold lawsuit, arguing that Rhodes’ signature neck tattoo has been widely recognised as part of his image and that fans associate the logo with the professional wrestler:
“Runnels [Rhodes] has a prominent neck tattoo of the Skull Mark which, by virtue of Runnels’ worldwide popularity, has become widely recognized as part of his ‘likeness’.”
“[C]onsumers have become accustomed to associating the Skull Mark, with not only wrestling, but with a single source, namely, Runnels.”