In new legal documents filed Friday, both WWE and Fanatics are requesting the dismissal of a trademark lawsuit regarding the use of the “American Nightmare” phrase by Cody Rhodes.

The lawsuit, originally filed in September by Wesley Eisold, the lead singer and co-founder of the band American Nightmare, claims trademark infringement, breach of contract, and intentional interference with contractual relations. Eisold has held the trademark for the term since 2016, covering “music, clothing, and entertainment services.” The suit was filed in California.

According to a report by Brandon Thurston, WWE and Fanatics are seeking dismissal based on the argument that any use of the “American Nightmare” text appears alongside the prominent skull logo that Rhodes has tattooed on his neck, which is also a registered trademark. They believe this satisfies the terms of the previous settlement between Rhodes and Eisold.

That settlement followed a March 2019 dispute, in which Rhodes applied for the trademark for wrestling-related merchandise. The dispute was resolved with a $30,000 settlement, and it stipulated that Rhodes could use the term on merchandise “under the condition that such items prominently featured Rhodes’ name, likeness, or wrestling-related imagery in a size at least 75% larger than the ‘American Nightmare’ text.”

One item cited by Eisold as evidence of confusion between his band and WWE is a "Crown" t-shirt that features the phrase but lacks any Rhodes-related imagery or wrestling context. Eisold’s legal team contacted Rhodes’ legal team about the shirt in 2022 but claims they received no response. In April and May of 2024, Eisold’s team sent cease and desist letters to both Rhodes and Fanatics, with Fanatics referring them to WWE.

While Rhodes is also named in the lawsuit, he has separate legal representation from WWE and Fanatics. Thurston reported that Rhodes' legal team filed a joinder to the motion, signaling his support for the legal arguments presented by WWE and Fanatics, and requesting the judge apply the same reasoning to Eisold’s claims against him.

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