Judge Sets New Deadline in Cody Rhodes ‘American Nightmare’ Trademark Lawsuit

The legal fight over the “American Nightmare” brand just took another step forward. On July 22, Judge Andre Birotte Jr. of the U.S. District Court in Los Angeles signed off on a joint motion giving WWE, Cody Rhodes, and Fanatics more time to respond to the lawsuit filed by musician Wesley Eisold.

The new court schedule gives the defendants until September 26 to officially reply. A hearing over the motion to dismiss the case is now set for October 10 at 10 AM, with a full case scheduling conference booked for October 31.

This all stems from a 2021 agreement where Eisold allowed Rhodes to use—but not register—the “American Nightmare” name for apparel. That deal came with very specific conditions, including that “the only clothes and apparel that Runnels was allowed to sell had to prominently feature Runnels’ name, Runnels’ name and likeness, or significant indicia of wrestling—which must be 75% or larger than the Runnels Mark.”

Eisold claims that WWE and Fanatics have violated that deal by selling merch that doesn’t meet the agreed terms. “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 lawsuit states.

He also alleges fan confusion is rampant, with “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.”

Eisold is pushing for a jury trial, damages totaling $900,000, and a court order to block the sale of any merchandise that violates the terms of their original deal.

This next phase in court could finally decide who truly owns the “American Nightmare” name when it comes to merch—and how far those boundaries stretch.