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American Nightmare (and Chilly Cave) vocalist Wesley Eisold is suing WWE wrestler Cody “American Nightmare” Rhodes, the WWE themselves, and merchandising associate Fanatics over an alleged trademark infringement. Based on Postwrestling.com, the lawsuit was filed on September 4.
Eisold registered the American Nightmare title trademark with the U.S. Patent and Trademark Workplace in 2016 to be used in music, clothes, and leisure service. Rhodes then registered the American Nightmare title for wrestling actions in March 2019, which was opposed by Eisold. Eisold and Rhodes in the end resolved the dispute in March 2021 and Rhodes trademarked the title.
Nevertheless, there have been circumstances connected to Rhodes‘ trademark. Rhodes was allowed to make use of the American Nightmare title on his merchandise so long as they “prominently used Rhodes‘ title, likeness, or wrestling-related imagery in a dimension no less than 75% bigger than the ‘American Nightmare’ textual content.” Eisold now claims that Rhodes, WWE, and Fanatics have violated these phrases.
“Followers of WWE and wrestling proceed to continuously tag [social media accounts for the musical band] the American Nightmare in Fb and social media posts,” Eisold’s criticism states.
“Up to now, followers of each Runnels and American Nightmare buy the Runnels garments. Followers attending American Nightmare concert events and different occasions—together with in California and particularly this judicial district—put on each the Runnels garments and the Eisold garments.”
Eisold is searching for damages of no less than $150,000 alongside treble damages of as much as $300,000 in relation to his federal trademark infringement. Eisold has since commented on the problem by way of the Chilly Cave Twitter: “Pay attention you fucking dolts. I already personal the title. Would not matter who you want. They licensed it from me. Then violated the settlement.”
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