Cody Rhodes, WWE, and Fanatics have secured more time in federal court as the intense legal battle over the “American Nightmare” trademark continues. On May 31, all parties involved in the lawsuit filed by Boston hardcore musician Wesley Aesold jointly requested a second extension to respond, which the judge approved.
Court filings indicate the parties are actively negotiating a settlement, exchanging documents, and revising proposals confidentially. The motion states that since the last extension, the defendant provided additional disclosures under a protective order, and the plaintiff adjusted his settlement demands. It also notes that there remain unresolved “structure and scope” issues being addressed through ongoing due diligence.
The court agreed to the extension, postponing the scheduling conference from July 25 to August 15 at 10 a.m. before Judge Andre Biolotte Jr. in the U.S. District Court for the Central District of California.
The dispute began in November 2024 when Aesold, lead singer of Cold Caves, filed a federal lawsuit alleging Cody Rhodes violated a 2021 agreement regarding the use of the “American Nightmare” trademark. Aesold claims he permitted Cody to use the name under strict conditions, including that over 75% of the trademark appearance be consistent with the original.
Aesold argues these conditions were not met, accusing WWE and Fanatics of releasing “American Nightmare” merchandise without clear Cody branding, featuring a winged skull with stars and stripes, causing confusion between the band and the wrestler.
He is seeking not only to halt the sales of this merchandise but also demands a full trial, $900,000 in damages, and an injunction against any future sales that breach the agreement.
For now, negotiations continue, with a new deadline on June 7 to determine if the case will end through settlement or proceed to court.
Fan Take: This legal showdown highlights the complicated intersections between entertainment and branding in wrestling. WWE fans should watch closely, as the outcome could impact how talent merchandise is managed and marketed in the future, potentially influencing wrestler branding rights and licensing deals.
