The Dallas Cowboys Cheerleaders have formally dismissed their lawsuit claiming My Chemical Romance infringed on the cheer squad’s trademarked uniforms during its recent run of concerts at the Hollywood Bowl. The dismissals, filed Monday in Texas federal court, came after the band wrapped up its final shows at the famed venue celebrating the 20th anniversary of its 2006 classic, The Black Parade, whose anniversary reissue reached the top of the 200. But even with the dismissals, Live Nation is still calling a foul.
In a filing Monday responding to the dismissals, the concert promoter accused the Dallas Cowboys Cheerleaders and their lawyers of twisting the facts by claiming they had extracted a “concession” from My Chemical Romance to “stop wearing the DCC uniform.” Live Nation, which said it was the only defendant formally served with the lawsuit, insisted that neither it nor the band had made any such concession. Instead, it said, the cheerleading squad and its parent company, Pro Silver Star, had been told more than a week earlier that the costumes were already retired before the lawsuit was officially filed and would never be used again. Live Nation’s position remains that use of the uniforms in a satirical rock opera that was performed on Oct. 21, 23, and 24 was a parody protected by the First Amendment.
According to the new Monday filing, Live Nation and the band still “explicitly contest that the shows were infringing.” “There is no merit to plaintiff’s assertions that an agreement was reached between the parties to discontinue the performances,” Live Nation’s filing states. They said the costumes infringed on the squad’s protectable trade dress and “degraded” the DCC brand, so their lawyers sought an emergency restraining order ahead of two more shows set for Oct. 30 and 31. In a filing last Friday, Live Nation and its lawyers defended the lookalike uniforms as “artistic expression” and said Pro Silver Star was trying “to use trademark law to line edit theatrical staging at a Los Angeles concert.” They called the performance a “successful parody” where no viewers believed the dancers were real Dallas Cowboys Cheerleaders.
No lawyer for the band appeared at what was expected to be a courtroom showdown last week, and a note on the court’s docket in Collin County, Texas, said that an agreement had been reached. Live Nation’s lawyers said in the new filing that My Chemical Romance was never served, so it had no obligation to appear. Trending Stories Michael Douglas Gives Update on Jack Nicholson: He's 'Well' But Has 'Disappeared' Yes, Matt Damon and David Letterman Were Background Actors on ‘The Gilded Age’ Season Premiere Marty Erlichman, Barbra Streisand’s Manager Since the 1960s, Dead at 97 Martha Stewart ‘Distressed’ by Backlash to Her Homeless Halloween Costume In its lawsuit, DCC said its brand was built on “dedication, character, and community, and on decades of entertaining American troops,” and that the Hollywood Bowl show, where performers were “shown shooting and being shot,” was not in keeping with its wholesome brand.
My Chemical Romance is due to begin the Asian leg of its ongoing tour on Nov. 7 in South Korea, followed by concerts in Singapore, the Philippines, Thailand, Malaysia, and Indonesia.
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