The frontman of Boston’s personal hardcore punk band American Nightmare sued Cody Rhodes, an expert wrestler with the WWE, over his use of the band’s identify in clothes and different merchandise, a transfer the singer argues violates an settlement between the 2 males, courtroom paperwork present.
Wesley Eisold, the lead singer of the band, stated in courtroom paperwork that he struck an settlement with Rhodes, whose actual identify is Garret Runnels, after the wrestler tried to trademark “The American Nightmare,” the identify he makes use of to advertise himself.
Eisold opposed the trouble as a result of he had already trademarked “American Nightmare,” in keeping with courtroom paperwork filed in a California federal courtroom final week.
The settlement allowed Rhodes to make use of — however not register — “The American Nightmare” on clothes and different merchandise as long as he “prominently feature Runnels’ name, Runnels’ name and likeness, or significant indicia of wrestling — which must be 75% or larger,” courtroom paperwork stated.
However Eisold contends Rhodes has “blatantly” violated the settlement by promoting clothes that brandishes “American Nightmare” however not Rhodes’ identify, likeness, or any indicia of wrestling.” That has led to “widespread confusion” among the many fanbases of the band and wrestler, attorneys for Eisold wrote in courtroom paperwork.
“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,” a lawsuit filed by Eisold stated.
Rhodes had not filed a response to Eisold’s lawsuit as of Saturday however has till Nov. 15 to submit a solution, in keeping with courtroom data.
Eisold requested a federal decide to award him not less than $900,000 for the alleged breach of the settlement, in keeping with courtroom paperwork.
The band
Eisold co-founded the “critically acclaimed” punk rock band American Nightmare round 1999 in Boston and headed up the group because the lead vocalist and frontman, in keeping with courtroom paperwork.
For the previous twenty years, the band and Eisold “have had an indelible impact on the punk rock genre, and Eisold has been an accomplished co-writer of other artists.”
“American Nightmare rehearses; records its music; and maintains its instruments, recording equipment, and concert equipment in Los Angeles. The band’s booking agent, United Talent Agency, is also in Los Angeles,” courtroom paperwork stated.
Eisold stated in courtroom paperwork that he sells “counter-culture clothes” that includes the phrases “American Nightmare,” a black and white-winged angel of loss of life, the American Flag’s stars and stripes, and a stars and stripes protect with wing-like baseball bats, courtroom paperwork stated.
The wrestler
Rhodes, who makes use of the moniker as an ode to his father Dusty Rhodes, is the reigning “Undisputed WWE Champion,” the enterprise’s most “competitive and infamous championship,” in keeping with courtroom paperwork.
The wrestler competes at WWE occasions in California and the league “widely publicizes” his matches, courtroom paperwork stated. Rhodes additionally sells merchandise by way of Fanatics and the WWE store, courtroom filings stated.
Inside a 12 months of Eisold and Rhodes placing an settlement over “American Nightmare,” a fan of the band reached out to Eisold asking about Rhodes’ clothes that Eisold argues featured his trademarked identify in a method that violated their contract, courtroom paperwork stated.
“On information and belief, WWE and Fanatics intentionally caused Runnels to breach the settlement agreement,” the lawsuit stated.
Courtesy / U.S. District Courtroom
Two examples of “American Nightmare” band art work on t-shirts are seen within the center flanked by WWE-branded “American Nightmare” attire. (Courtesy / U.S. District Courtroom)
