The lawsuit against WWE, Cody Rhodes, and Fanatics continues on, with PWInsider reporting that the defendants in the case are expected to respond by 1/17 after successfully asking the United States District Court, Central District of California for an extension of time to respond.
The case, filed by Wesley Eisold, stems from an agreement made between Boston-area hardcore punk band singer and the current Undisputed WWE Champion regarding the use of the “American Nightmare” moniker for merchandise and other purposes, with Eisold owning the trademark for the purpose of his band.
Eisold claims that the defendants are selling items that ignore the agreement, noting:
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.
Widespread confusion about Runnels’ use of the Eisold Mark persists among WWE fans and Runnels’ fans. Legions of American Nightmare fans ask Eisold if he endorses Runnels or the wrestler’s use of the Eisold Mark and his image. Eisold’s fans frequently buy the Runnels clothes by accident, Runnels’ fans regularly buy the Eisold clothes by mistake, and fans of both inadvertently make and purchase apparel that mix references to both the band and to Runnels.
The plaintiff is seeking a jury trial, a judgment against Rhodes that he committed breach of contract and trademark infringement on a state and federal level, and damages in the amount of $900,000, along with an injunction against the defendants to prevent further sales that violate the trademark and relief to cover attorney and other court fees.