Cody Rhodes & WWE Buy Time in “American Nightmare” Lawsuit as Settlement Talks Heat Up

Cody Rhodes, WWE, and Fanatics just bought themselves more time in federal court as the “American Nightmare” trademark war rages on.

On May 31, all parties in the lawsuit filed by Boston hardcore frontman Wesley Eisold submitted a joint motion asking for a second extension to respond—and the judge gave them the green light.

Court documents reveal that the sides are actively engaged in settlement discussions, with both parties trading documents and revised demands behind the scenes. The motion reads:

“Since the last extension request, Defendants have made additional disclosures to Plaintiff’s counsel pursuant to the operative protective order, and Plaintiff’s counsel has revised Plaintiff’s settlement demand. Defendants are evaluating Plaintiff’s revised demand and expect to promptly respond to it within the next week.”

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It also noted that there are still “structuring and scope issues in a potential resolution” being worked through as part of the ongoing due diligence.

The court approved the request, officially pushing back the Scheduling Conference from July 25 to August 15 at 10:00 AM before Judge Andre Birotte Jr. in the United States District Court for the Central District of California.

This legal war all started when Eisold—lead singer of Cold Cave—filed a federal lawsuit in November 2024 claiming Rhodes violated a 2021 agreement over use of the “American Nightmare” trademark. According to Eisold, he allowed Cody to use the name on merch, but only under strict conditions: the clothes had to include Cody’s name or obvious wrestling branding that was “75% or larger than the Runnels Mark.”

Eisold says that didn’t happen. In the complaint, he points to WWE and Fanatics releasing “American Nightmare” gear that lacks any clear Cody branding and instead features “a winged skull embossed with the stars and stripes”—designs that allegedly create confusion between the band and the wrestler.

He’s not just asking the court to stop the merch. He’s seeking a full-blown jury trial and $900,000 in damages, plus an injunction to block any future sales that breach the deal.

As of now, the two sides are still talking—and with this latest extension, they’ve got until June 7 to figure out if this war ends in court or at the negotiation table.