A new court filing could soon block Cody Rhodes from further use of his iconic “American Nightmare” moniker.
When Cody Rhodes left WWE in 2016, he believed making better use of his lineage was a route to success outside the top company in professional wrestling. However, being the son of a legendary wrestler like “The American Dream” Dusty Rhodes also has its own pitfalls.
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So the current WWE Undisputed Champion cleverly decided to bleach his hair like his dad but dub himself “The American Nightmare.” It was a stroke of genius. His new persona and nickname on the independent circuit reinvigorated his career and he would go on to make a huge impact in Ring of Honor and New Japan Pro Wrestling.
That success eventually led to being part of founding All Elite Wrestling in 2019, and then departing the company for a lucrative contract to return to WWE in 2022. Throughout that memorable journey, even in WWE, he has held on to his “American Nightmare” nickname. But that may be in jeopardy of ending.
Cody Rhodes, WWE, and Fanatics sued for trademark infringement
On Wednesday, musician Wesley Eisold filed a lawsuit in a California federal court against Cody Rhodes [real name Cody Runnels], WWE, and their merchandising partner, Fanatics. Eisold is accusing the wrestling star and the two companies of trademark infringement, breach of contract, and intentional interference with contractual relations.
Below you can find key details from the preliminary statement for the filing this week [h/t NoDQ].
“Wesley Eisold is the lead singer of the renowned punk rock band American Nightmare. Eisold holds the registered trademark “American Nightmare” in pre-recorded music, clothing and apparel, and entertainment services (“Eisold Mark”). Eisold sells counterculture-style clothes and merchandise often featuring the words “American Nightmare,” a logo of a black-and-white winged angel of death, the American flag’s stars and stripes, or a logo of a stars-and-stripes shield with wing-like baseball bats (“Eisold Shield Logo”).
Defendant Cody Garrett Runnels, professionally known as Cody Rhodes, is a world-famous wrestling “Superstar” of Defendant World Wrestling Entertainment, LLC. Runnels promotes himself as “The American Nightmare.”
Runnels attempted to register the trademark “The American Nightmare” (“Runnels Mark”), which Eisold opposed. The two then entered into a settlement agreement. Eisold allowed Runnels to use (but not register) the Runnels Mark in clothing and apparel on the express condition that 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 wrestling—which must be 75% or larger than the Runnels Mark.
Runnels, WWE, and Defendant Fanatics Holdings (“Fanatics”) sell clothes that blatantly violate the express conditions in the settlement agreement and Eisold’s trademark (“Runnels clothes.”) The Runnels clothes are brandished with the words “American Nightmare” but do not include Runnels’ name, his name, likeness, or indicia of wrestling (or do so in puny fashion). The counterculture-style clothes often feature a winged skull embossed with the stars and stripes (“Runnels Logo”), a black-and-white winged skull, or various representations of the U.S. flag.”
Earlier this year, the company and Jey Uso were sued over the use of the phrase “yeet.” It is why he was forced to not where gear with the word on it during an episode of WWE Raw last year. However, the company and the person who brought the suit eventually settled out of court and he was able to use the popular phrase.
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