The legal drama between WWE star Cody Rhodes and musician Wesley Eisold just turned up the heat. Rhodes, WWE, and Fanatics have filed motions to dismiss Eisolds claims in his September lawsuit accusing them of trademark infringement and breach of a 2021 settlement agreement. The case revolves around the use of the American Nightmare name, which both Eisold and Rhodes use for their respective projects Eisold for his band, American Nightmare, and Rhodes for his wrestling persona.
According to Post Wrestling, Eisold claims that WWE and Fanatics violated the agreement by selling American Nightmare merch that doesnt properly include Rhodes name, likeness, or wrestling elements, a condition meant to distinguish the merchandise from Eisolds rock band. In his lawsuit, Eisold slammed the WWE Shop items, claiming they fail to meet the settlements standard because they dont sufficiently represent Rhodes wrestling persona.
However, attorneys for Rhodes, WWE, and Fanatics hit back, arguing that the inclusion of Rhodes iconic skull logo prominently tattooed on his neck fulfills the agreements requirements.
Runnels [Rhodes] has a prominent neck tattoo of the Skull Mark, WWE and Fanatics attorneys argued. By virtue of Runnels worldwide popularity, [the tattoo] has become widely recognized as part of his likeness.
Rhodes skull logo, which has been registered as a wrestling trademark, appears on WWE merch alongside the American Nightmare text. WWE and Fanatics attorneys contend this combination satisfies the requirement for substantial indicia indicating association with wrestling, as stated in the agreement.
Eisolds lawyers counter that the merch still violates the deal because it doesnt include enough of Rhodes wrestling identity. Meanwhile, WWE and Fanatics claim they werent even aware of the Eisold-Rhodes agreement until Eisold filed the lawsuit, making it impossible for them to have knowingly caused any breach.
The original settlement, signed when Rhodes was with AEW, named the AEW logo as an example of wrestling indicia but didnt define additional parameters. Now, WWEs team is leaning heavily on the argument that the tattoo itself is sufficient to meet the agreements terms.
The lawsuit, which is being heard in the Central District of California, has drawn attention due to the unique nature of the dispute. Can a tattoo double as a legal trademark? WWE and Fanatics think so, calling the skull mark a symbol fans associate with wrestling and Runnels.
While Eisolds band, American Nightmare, is still occasionally active, his legal team is arguing that the merchandise confuses consumers and violates his rights.
The case is ongoing, with WWE, Fanatics, and Rhodes represented by powerhouse attorneys from Holland & Knight and Jayaram Law, while Eisold is represented by King, Holmes, Paterno & Soriano. Ringside News will keep you updated if any additional updates emerge.
Whats your take on this legal clash over the American Nightmare name? Do you think a tattoo counts as a wrestling trademark? Please share your thoughts and feedback in the comment section below.
