American Nightmare (and Cold Cave) vocalist Wesley Eisold is suing WWE wrestler Cody "American Nightmare" Rhodes, the WWE themselves, and merchandising partner Fanatics over an alleged trademark infringement. According to Postwrestling.com, the lawsuit was filed on September 4.
Eisold registered the American Nightmare name trademark with the U.S. Patent and Trademark Office in 2016 for use in music, clothing, and entertainment service. Rhodes then registered the American Nightmare name for wrestling activities in March 2019, which was opposed by Eisold. Eisold and Rhodes ultimately resolved the dispute in March 2021 and Rhodes trademarked the name.
However, there were conditions attached to Rhodes' trademark. Rhodes was allowed to use the American Nightmare name on his merchandise as long as they "prominently used Rhodes' name, likeness, or wrestling-related imagery in a size at least 75% larger than the 'American Nightmare' text." Eisold now claims that Rhodes, WWE, and Fanatics have violated those terms.
"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," Eisold's complaint states.
"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."
Eisold is seeking damages of at least $150,000 alongside treble damages of up to $300,000 in relation to his federal trademark infringement. Eisold has since commented on the issue via the Cold Cave Twitter: "Listen you fucking dolts. I already own the name. Doesn't matter who you like. They licensed it from me. Then violated the agreement."
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