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All parties in the lawsuit filed against WWE, Cody Rhodes and Fanatics by Boston-area hardcore punk band singer Wesley Eisold submitted a joint motion on 5/31 asking for additional time for the defendants to respond.
The Motion notes:
"WHEREAS, the Parties have continued discussions to resolve this matter, including Defendants’ disclosures of additional information to Plaintiff’s counsel for purposes of settlement governed by the operative protective order, and further exchanges in settlement demands and terms. 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. There remains additional structuring and scope issues in a potential resolution that are being considered by the Parties that is taking additional time to due diligence. The Parties thank the Court for affording them the opportunity to focus their resources on resolving this matter."
So, basically the two sides are talking about a potential settlement.
The United States District Court, Central District of California (Western Division - Los Angeles) signed off on this Motion earlier today, rescheduling the planned Scheduling Conference for 8/15 at 10:00 AM before Judge Andre Birotte Jr. It was originally slated for 7/25.
On 11/1/24, Esold stated that he owns the rights to the "American Nightmare" trademark (the name of his band) and had previously come to an agreement with Rhodes when the WWE Champion had attempted to trademark the name several years ago. That deal, according to the lawsuit, notes, "Eisold allowed Runnels to use (but not register) the Runnels Mark in clothing and apparel on the express condition 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's lawsuit states that he and Rhodes entered into that agreement in 2021, including a $30,000 payment to Eisold.
Eisold is alleging that the defendants are selling items that ignore the agreement between Eisold and Rhodes, noting, "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 counterculture-style clothes often feature a winged skull embossed with the stars and stripes (“Runnels Logo”), a black-and-white winged skull, or various representations of the U.S. flag. . Widespread confusion about Runnels’ use of the Eisold Mark persists among WWE fans and Runnels’ fans. Legions of American Nightmare fans ask Eisold if he endorses Runnels or the wrestler’s use of the Eisold Mark and his image. 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."
The lawsuit alleges, "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 seeking a jury trial, a judgment against Rhodes that he committed breach of contract, federal trademark infringement, and California trademark infringement, a judgment against Fanatics and WWE "that they have committed inducement of breach of contract, intentional interference with contractual relations, federal trademark infringement, and California trademark infringement under 15.S.C. § 1114, California Business & Professional Code section 17200 et seq., and California common law" as well as damages in the amount of $900,000 and an injunction against the defendants to prevent the sale of Rhodes shirts that violate Eisold's trademark as well as attorney's fees and any other relief the court may deem.
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