at the Hollywood Bowl last week<\/a>, saying they were part of an onstage parody protected by the First Amendment. <\/p>\n\n\tThe iconic cheer squad sued the band and Live Nation last week, claiming that knockoff versions of its signature blue-and-white uniforms were worn by dancers during a mock gun battle onstage. They said the costumes infringed on the squad\u2019s protectable trade dress, and their lawyers sought an emergency restraining order ahead of two more shows this weekend.<\/p>\n
\n\tNo lawyer for the band appeared at what was expected to be a courtroom showdown this week, and a docket entry said an agreement had been reached. Live Nation, for its part, sought to move the case to federal court, where it defended the use of the uniforms in the new filing obtained by Rolling Stone<\/em>.<\/p>\n\n\tThe filing includes a declaration from the band\u2019s manager stating that a restraining order was unnecessary because the costumes were never intended for use beyond the Oct. 21, 23 and 24 performances. Live Nation\u2019s lawyers also submitted an email from Tuesday from the band\u2019s music attorney, David Byrnes, telling the Dallas Cowboys Cheerleaders there was \u201cno need to proceed\u201d with the restraining order request because the performances featuring the costumes had ended.<\/p>\n
\n\tWith the restraining order dispute apparently resolved, Live Nation sought to move the remaining case to federal court. In its lawsuit, Pro Silver Star is seeking unspecified profits and damages, along with a trial and a permanent injunction barring My Chemical Romance from using the allegedly infringing costumes in future performances.<\/p>\n
\n\t\u201cThis is a trademark case about a musical group\u2019s artistic expression and the First Amendment,\u201d Live Nation\u2019s new filing states. It argues that DCC\u2019s parent company, Pro Silver Star, is improperly attempting \u201cto use trademark law to line edit theatrical staging at a Los Angeles concert because [it] dislikes the way the show parodied one of the most famous uniforms in the United States.\u201d<\/p>\n\n\n \t\tEditor\u2019s picks<\/p>\n<\/h2>\n<\/section>\n
\n\tLive Nation\u2019s lawyers say the use was \u201ca successful parody\u201d where no viewers believed the dancers were real Dallas Cowboys Cheerleaders. In the skit, the dancers wearing the star-spangled cheer uniforms stormed the stage with rifles drawn, aiming at black-clad troops representing a fictional dictatorship. A mock gun battle followed, according to video of the performance that circulated online and was cited in the lawsuit.<\/p>\n
\n\t\u201cRecognition is not confusion,\u201d the new filing says. \u201cObservers understood the performance as an allusive, exaggerated, theatrical reference within a My Chemical Romance show.\u201d<\/p>\n
\n\tRolling Stone<\/em>\u2018s attempts to reach Alex Spiro, the lawyer who filed the lawsuit on behalf of DCC, were not immediately successful. The lawsuit, filed Oct. 23 but not appearing on the Collin County docket until Monday, claimed that DCC\u2019s brand was built on \u201cdedication, character, and community, and on decades of entertaining American troops,\u201d and that the Hollywood Bowl show, where performers were \u201cshown shooting and being shot,\u201d was \u201cdegrading\u201d to the brand.<\/p>\n\n\n \t\tTrending Stories<\/p>\n<\/h2>\n<\/section>\n
\n\tPro Silver Star said it wasn\u2019t asking My Chemical Romance to change its setlist, narrative, politics, choreography, \u201cor even their decision to put gun-toting performers on stage.\u201d Instead, \u201cSilver Star asks only that those performers not wear the DCC uniform while doing it. The universe of alternative costume designs is effectively unlimited,\u201d it said.<\/p>\n
\n\tAfter its final shows at the Hollywood Bowl, 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.<\/p>\n<\/div>\n
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