Cody Rhodes & WWE Being Sued Over 'American Nightmare' Trademark

Will Cody Rhodes have to stop being the American Nightmare? 

POST Wrestling & Brandon Thurston of Wrestlenomics have reported that punk rock musician Wesley Eisold sued Cody Rhodes (real name Cody Runnels), WWE, and Fanatics on Wednesday, filing a lawsuit in a California federal court. Eisold has alleged trademark infringement, breach of contract, and intentional interference with contractual relations. Eisold is seeking damages of at least $150,000 as well as treble damages of up to $300,000 over federal trademark infringement. 

Eisold, who also performs as Cold Cave, is the lead singer of the band American Nightmare which has been active since 1998 and Eisold holds the trademark for 'American Nightmare' for use in music, clothing, and entertainment services. Eisold previously opposed Cody Rhodes' trademark of 'The American Nightmare' in 2019 but the dispute was resolved in March 2021 under a settlement that stipulated Cody could use 'American Nightmare' on merchandise if Cody's name, likeness, or wrestling-related imagery was at least 75 per cent larger than the American Nightmare text. Cody also paid Eisold $30,000 in a one-time payment. 

Rhodes was signed to All Elite Wrestling when the settlement was agreed and Eisold is now claiming in the lawsuit that Rhodes, WWE, and Fanatics have violated the settlement by selling merchandise that fails to meet the conditions of the agreement between Rhodes and Eisold. 

The lawsuit has also claimed there is confusion in the marketplace over 'American Nightmare', with it being stated: 

"Fans of WWE and wrestling continue to frequently tag [social media accounts for the musical band] the American Nightmare in Facebook and social media posts. To date, fans of both Runnels and American Nightmare purchase the Runnels clothes. Fans attending American Nightmare concerts and other events - including in California and specifically this judicial district - wear both the Runnels clothes and the Eisold clothes."

Legal representatives for Eisold, according to the lawsuit, contacted Rhodes' lawyer in 2022 about infringing on the agreement but they did not receive a response. Cease-and-desist letters were then sent to Fanatics and Rhodes in April and May 2024 and Eisold's attorney received a letter from WWE about Fanatics referring the dispute to the company. 

Eisold has since commented on the filing of the lawsuit, tweeting: "Listen you f*cking dolts. I already own the name. Doesn't matter who you like. They licensed it from me. Then violated that agreement."

Eisold has suffered from issues with the 'American Nightmare' name before and the band previously had to change their name to Give Up The Ghost before reverting back to American Nightmare. 

It has been a big week for lawsuits in pro wrestling as Kevin Kelly and The Tate Twins recently sued Tony Khan and AEW.