The legal storm surrounding Cody Rhodes and his American Nightmare brand just got a longer runway in court.
WWE, Cody Rhodes, and Fanatics have officially been granted a second extension in the ongoing lawsuit filed by hardcore punk frontman Wesley Eisold, giving them until June 7 to respond.
The lawsuit, filed in federal court in California, alleges breach of contract, federal and California trademark infringement, and intentional interference with contractual relations after Rhodes and WWE allegedly violated a 2021 agreement over the use of the American Nightmare trademarkalso the name of Eisolds band.
According to court records, a Scheduling Conference has been set for July 25 at 10:00 AM in front of Judge Andre Birotte Jr.
The backstory? Eisold claims he came to terms with Rhodes in 2021, allowing him to usebut not registerthe American Nightmare name, with one major condition: The only clothes and apparel that Runnels was allowed to sell had to prominently feature Runnels name, Runnels name and likeness, or significant indicia of wrestlingwhich must be 75% or larger than the Runnels Mark. A one-time $30,000 payment was also part of the deal.
But now, Eisold is accusing WWE and Fanatics of breaking the deal by pumping out American Nightmare merch without the required nod to Cody or any visible wrestling branding. Hes pointed specifically to designs like the Crown T-shirt, which allegedly fails to include any significant indicia of wrestling and features logos Eisold claims confuse fans into thinking hes somehow involved with WWE.
Eisolds fans frequently buy the Runnels clothes by accident, Runnels fans regularly buy the Eisold clothes by mistake, the suit says. Fans of both inadvertently make and purchase apparel that mix references to both the band and to Runnels.
The complaint also claims cease and desist letters were sent to Rhodes and Fanatics in April and May 2024, but no meaningful response was received. WWE did acknowledge the issue on May 31, but according to Eisolds legal team, that was the last they heard from anyone involved.
Eisold is asking for $900,000 in damages, a jury trial, and an injunction to stop the sale of all allegedly infringing WWE merch using the American Nightmare name.
So far, no official response has been issued from Cody Rhodes, WWE, or Fanatics.
Do you think this lawsuit will shake up WWEs merch gameor will Cody walk away untouched? Please share your thoughts and feedback in the comment section below.
