WWE has motioned to dismiss a lawsuit related to Cody Rhodes‘ merchandise.
Back in September, it was reported that Cody Rhodes, WWE and Fanatics face legal action over the terms of the ‘American Nightmare’ trademark. The lawsuit was filed by Wesley Eisold of the band ‘American Nightmare.’ The group has been around since 1988 and Eisold has held the trademark for use in music, clothing, and entertainment services since 2016.
However, in 2021, Eishold and Rhodes made an agreement that would allow the Undisputed WWE Champion to use the moniker for merchandise under strict conditions that included making sure any merchandise prominently featured Rhodes’ name and likeness, or “significant indicia of wrestling” which must be 75% or larger than Rhodes’ mark.
In the lawsuit, Eisold claims that Rhodes, WWE, and Fanatics have “blatantly” violated the terms of the agreement with Rhodes’ clothing being sold with the words ‘American Nightmare’ but not his name, likeness, or indicia of wrestling “or do so in puny fashion,”
Eisold argues that fans of the band and the wrestler frequently buy the wrong merchandise as a result of the confusion over the term. The musician is seeking damages and injunctive relief of up to $450,000.
WWE & Fanatics Respond To Cody Rhodes Lawsuit
Now, POST Wrestling has reported that attorneys for WWE and Fanatics have responded with a motion to dismiss the claims. The motion argues that Rhodes’ – referred to by his legal name of Cody Runnels – merchandise does adhere to the conditions of the previous agreement due to the presence of his skull logo trademark, something they say is part of his likeness due to the prominent tattoo on his neck.
“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.”
The motion also notes that the companies were unaware of the previous agreement between Rhodes and Eisold before he filed his lawsuit, and argue they cannot be held liable for causing Rhodes to breach the contract because of this.
POST Wrestling also report that Rhodes’ own attorneys have filed a rejoinder that supports the motion, indicating he is asking the judge to apply the same reasoning to Eisold’s claims against him.
In February 2025, a new update on the Cody Rhodes lawsuit has been provided.