WWE and Fanatics File Motion to Dismiss American Nightmare Trademark Lawsuit

One Big Thing

WWE and Fanatics have filed a motion to dismiss the $1 million lawsuit over Cody Rhodes’ “American Nightmare” trademark use. The lawsuit, filed by musician Wesley Eisold on September 4, claims trademark infringement and breach of a previous settlement agreement.

Key Details

• The original settlement allowed Rhodes to use “American Nightmare” if merchandise included his name, likeness, or wrestling-related elements 75% larger than the trademark
• Eisold claims current WWE merchandise violates these terms
• WWE and Fanatics argue their products meet requirements through Rhodes’ skull logo

The Defense’s Position

• WWE and Fanatics state they were unaware of the prior settlement until the lawsuit
• They argue the skull logo on merchandise satisfies the settlement terms
• The wrestling context itself serves as “substantial indicia” of Rhodes’ association

Why It Matters

This case could impact how WWE markets Cody Rhodes’ merchandise and set precedent for trademark agreements in wrestling. The outcome may affect future licensing deals between wrestlers and third parties.

By the Numbers

• Lawsuit filed: September 4, 2023
• Damages sought: Approximately $1 million
• Required size ratio in original agreement: 75%

What’s Next

The court will review the motion to dismiss, with Rhodes’ separate counsel from Jayaram Law supporting WWE and Fanatics’ position.

What do you think about trademark disputes in professional wrestling? Share your thoughts in the comments below.