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Boston punk band singer Wesley Eisold sues WWE wrestler Cody Rhodes over name

Chris Van Buskirk, Boston Herald on

Published in Entertainment News

BOSTON —The frontman of the hardcore punk band American Nightmare sued Cody Rhodes, a professional wrestler with the WWE, over his use of the band’s name in clothing and other merchandise, a move the singer argues violates an agreement between the two men, court documents show.

Wesley Eisold, the lead singer of the band, said in court documents that he struck an agreement with Rhodes, whose real name is Garret Runnels, after the wrestler attempted to trademark “The American Nightmare,” the name he uses to promote himself.

Eisold opposed the effort because he had already trademarked “American Nightmare,” according to court documents filed in a California federal court last week.

The agreement allowed Rhodes to use — but not register — “The American Nightmare” on clothing and other merchandise so long as he “prominently feature Runnels’ name, Runnels’ name and likeness, or significant indicia of wrestling — which must be 75% or larger,” court documents said.

But Eisold contends Rhodes has “blatantly” violated the agreement by selling clothing that brandishes “American Nightmare” but not Rhodes’ name, likeness, or any indicia of wrestling.” That has led to “widespread confusion” among the fan bases of the band and wrestler, attorneys for Eisold wrote in court documents.

“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 said.

Rhodes had not filed a response to Eisold’s lawsuit as of Saturday but has until Nov. 15 to submit an answer, according to court records.

Eisold asked a federal judge to award him at least $900,000 for the alleged breach of the agreement, according to court documents.

The band

Eisold co-founded the “critically acclaimed” punk rock band American Nightmare around 1999 in Boston and headed up the group as the lead vocalist and frontman, according to court documents.

 

For the past two decades, 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,” court documents said.

Eisold said in court documents that he sells “counter-culture clothes” featuring the words “American Nightmare,” a black and white-winged angel of death, the American Flag’s stars and stripes, and a stars and stripes shield with wing-like baseball bats, court documents said.

The wrestler

Rhodes, who uses the moniker as an ode to his father Dusty Rhodes, is the reigning “Undisputed WWE Champion,” the business’s most “competitive and infamous championship,” according to court documents.

The wrestler competes at WWE events in California and the league “widely publicizes” his matches, court documents said. Rhodes also sells merchandise through Fanatics and the WWE shop, court filings said.

Within a year of Eisold and Rhodes striking an agreement over “American Nightmare,” a fan of the band reached out to Eisold asking about Rhodes’ clothing that Eisold argues featured his trademarked name in a way that violated their contract, court documents said.

“On information and belief, WWE and Fanatics intentionally caused Runnels to breach the settlement agreement,” the lawsuit said.

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