Update On Significant Lawsuit Against WWE, Cody Rhodes & Fanatics Over “American Nightmare” Trademark
WWE, Cody Rhodes, and Fanatics have been granted a second extension to respond to a trademark lawsuit filed by Wesley Eisold, front-man of a Boston-based hardcore punk band. The new deadline for the defendants to file their response is now June 7, 2025. Their original deadline was April 7.
The lawsuit, filed in the U.S. District Court for the Central District of California, alleges unauthorized use of the “American Nightmare” trademark—also the name of Eisold’s band. A Scheduling Conference has been set for July 25 before Judge Andre Birotte Jr.
Eisold claims that he and Rhodes reached an agreement in 2021 after the WWE star attempted to trademark the phrase. As part of the alleged deal, Rhodes was permitted to use the term on merchandise, provided it clearly featured his name, image, or wrestling-related elements—comprising at least 75% of the design. Eisold says he received $30,000 as part of the arrangement.
However, Eisold now accuses Rhodes, WWE, and Fanatics of violating that agreement by selling “American Nightmare” apparel that lacks the required identifying features and instead leans heavily into counterculture aesthetics, such as winged skulls and U.S. flag imagery. According to the suit, the similarities have caused consumer confusion, with fans mistakenly believing the merchandise is affiliated with Eisold or his band.
Eisold is seeking a jury trial, $900,000 in damages, and an injunction to halt the sale of infringing merchandise. He is also pursuing claims of breach of contract, trademark infringement under federal and California law, and intentional interference with contractual relations.
