New developments have emerged in the ongoing Cody Rhodes WWE lawsuit update involving Cody Rhodes and WWE, who face legal challenges tied to the use of the nickname “The American Nightmare.” The lawsuit revolves around a dispute over trademark rights and merchandise usage connected to this moniker, with a court hearing scheduled for October 10 in Boston.
Background of the Dispute Over “The American Nightmare” Nickname
After leaving WWE in 2016, Cody Rhodes wrestled for several independent and international promotions, including New Japan Pro Wrestling, where he adopted the nickname The American Nightmare in tribute to his late father, Dusty Rhodes, famously known as The American Dream. When Rhodes returned to WWE in 2023 as the Undisputed Champion, he continued using this nickname, which became a key part of his wrestling persona.
However, the use of this nickname drew legal attention from Wesley Eisold, the frontman of Boston’s hardcore punk band American Nightmare. In September of the previous year, Eisold sued Rhodes for $900,000, citing an alleged violation of their 2021 agreement that allowed Rhodes to use the nickname but prohibited him from trademarking it.
The agreement also included a financial arrangement where Rhodes paid Eisold $30,000 for usage rights under specific conditions. One crucial term required that if Rhodes used The American Nightmare on merchandise, his name, likeness, or wrestling-related imagery had to be at least 75% more prominent than the nickname itself. Despite this, Rhodes allegedly breached this clause by selling items where the phrase The American Nightmare appeared larger than allowed, causing confusion among the band’s fans and WWE supporters who inadvertently purchased apparel blending both references.
Legal Actions and WWE’s Response
Following Eisold’s lawsuit, WWE sought to dismiss the case arguing that Cody’s logo and neck tattoo were part of his likeness, and that WWE was unaware of the agreement since it was signed before Rhodes’ recent contract with the company. This defense attempts to separate the company from direct responsibility while challenging the legitimacy of the claims related to trademark and merchandise usage.
Upcoming Court Proceedings and Case Timeline
According to Mike Johnson of PWInsider, key deadlines have been set for the lawsuit’s progression. Wesley Eisold is required to submit his response to WWE and Cody Rhodes’ motion to dismiss by September 12, followed by the defendants’ response due on September 26. A hearing to address the defendants’ motion to dismiss is scheduled for October 10, with a conference to discuss the case’s scheduling planned for October 31.
This timeline suggests heightened legal activity in the coming weeks as both parties prepare for a significant court hearing that may determine whether the case moves forward. The outcome could clarify the extent of Rhodes’ rights and WWE’s obligations regarding the disputed nickname and related merchandise.
Potential Impact and Next Steps
The lawsuit raises important questions about intellectual property rights within wrestling and music industries, especially when stage names and monikers overlap across different entertainment sectors. For Cody Rhodes, the case could affect branding and merchandise plans, while WWE might face scrutiny over its involvement with Rhodes’ persona. Fans of both the wrestler and the band remain attentive as proceedings continue, with the October hearings likely pivotal in shaping the dispute’s resolution.
“inadvertently make and purchase apparel that mix references.”
—Wesley Eisold, Hardcore Punk Band Frontman
