A lawsuit filed against Cody Rhodes, WWE and Fanatics has reached a settlement.
On November 11, Brandon Thurston of POST Wrestling reported that the lawsuit brought by musician Wesley Eisold against the aforementioned parties has now reached its conclusion. The case over the use of the “American Nightmare” trademark has seen all parties ask the court “to stay and administratively close the case while that process is finalized. They say they expect to file a joint stipulation formally dismissing the case within 90 days.” It is also stated that the terms of the settlement were not disclosed.
It is also noted that while the court has not yet ruled on the parties’ joint request, it is rare that joint requests are denied.
The History Of The Cody Rhodes Lawsuit
Eisold is a musician who records music under the name Cold Cave, and also founded a band called American Nightmare, a phrase which pro wrestling fans associate with Cody Rhodes. In 2021, Rhodes was pursuing a trademark on American Nightmare, and came to an agreement with Eisold on the use of the term, which also included Rhodes paying Eisold $30,000. Also as part of the agreement, any merchandise that contained the phrase American Nightmare also had to include Rhodes’ name to avoid confusion in the marketplace. The specific terms were as follows:
- by including the “Cody Rhodes” name,
- by using his likeness (an image of him)
- or by including wrestling-related imagery that makes the connection obvious.
Following Rhodes returning to WWE in 2022, and a surge in popularity in the process, WWE and Fanatics created multiple lines of merchandise for the current Undisputed Champion, which Eisold alleged broke the aforementioned terms of agreement. Eisold also claimed that some fans were confused when looking for merchandise, and that many went to his band’s site and associated the apparel with the professional wrestler.
Eisold asked for $150,000 in damages, which could have tripled under the terms of his claim. WWE and Fanatics filed the motion to dismiss, which Rhodes supported, claiming that their merchandise was Rhodes’ likeness as it contained his signature symbol that is also tattooed on his neck.
Both sides engaged in ongoing negotiations and extensions, but a settlement in principle was agreed to on November 11.
Featured image: WWE
