Live Nation<\/a> 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 \u201cconcession\u201d from My Chemical Romance to \u201cstop wearing the DCC uniform.\u201d 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.<\/p>\n\n\tLive Nation\u2019s 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 \u201cexplicitly contest that the shows were infringing.\u201d<\/p>\n
\n\t\u201cThere is no merit to plaintiff\u2019s assertions that an agreement was reached between the parties to discontinue the performances,\u201d Live Nation\u2019s filing states. \u201cMy Chemical Romance\u2019s performances of the third part of the rock opera ended October 24, 2026, not because of any agreement, but because they were always scheduled to end that day.\u201d<\/p>\n
\n\tThe iconic cheer team filed its lawsuit last month, claiming the knockoff versions of its signature blue-and-white uniforms were used without authorization during a mock gun battle onstage. They said the costumes infringed on the squad\u2019s protectable trade dress and \u201cdegraded\u201d the DCC brand, so their lawyers sought an emergency restraining order ahead of two more shows set for Oct. 30 and 31.<\/p>\n\n\n \t\tEditor\u2019s picks<\/p>\n<\/h2>\n<\/section>\n
\n\tIn a filing last Friday, Live Nation and its lawyers defended the lookalike uniforms as \u201cartistic expression\u201d and said Pro Silver Star was trying \u201cto use trademark law to line edit theatrical staging at a Los Angeles concert.\u201d They called the performance a \u201csuccessful parody\u201d where no viewers believed the dancers were real Dallas Cowboys Cheerleaders.<\/p>\n
\n\t\u201cRecognition is not confusion,\u201d the Friday filing said. \u201cObservers understood the performance as an allusive, exaggerated, theatrical reference within a My Chemical Romance show.\u201d<\/p>\n
\n\tLawyers for DCC did not respond to multiple requests for comment, including on Monday.<\/p>\n
\n\tNo lawyer for the band appeared at what was expected to be a courtroom showdown last week, and a note on the court\u2019s docket in Collin County, Texas, said that an agreement had been reached. Live Nation\u2019s lawyers said in the new filing that My Chemical Romance was never served, so it had no obligation to appear.<\/p>\n
\n\t\u201cIn sum, neither Live Nation nor My Chemical Romance ever agreed to alter any of the planned shows in response to plaintiff\u2019s lawsuit, nor do they concede any of their defenses to the claims in this lawsuit,\u201d the concert giant\u2019s new filing, which was submitted Monday in federal court after Live Nation sought to move the case there last week, argues.<\/p>\n\n\n \t\tTrending Stories<\/p>\n<\/h2>\n<\/section>\n
\n\tIn its lawsuit, DCC said its 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 not in keeping with its wholesome brand.<\/p>\n
\n\tMy 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
Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"The Dallas Cowboys Cheerleaders have formally dismissed their lawsuit claiming My Chemical Romance infringed on the cheer squad\u2019s trademarked uniforms during its recent run…<\/p>\n","protected":false},"author":5,"featured_media":76294,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[36],"tags":[],"class_list":["post-76293","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-pop","article","has-excerpt","has-avatar","has-author","has-date","has-comment-count","has-category-meta","has-read-more","thumbnail-"],"_links":{"self":[{"href":"https:\/\/musicianvoice.com\/index.php\/wp-json\/wp\/v2\/posts\/76293","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/musicianvoice.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/musicianvoice.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/musicianvoice.com\/index.php\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/musicianvoice.com\/index.php\/wp-json\/wp\/v2\/comments?post=76293"}],"version-history":[{"count":0,"href":"https:\/\/musicianvoice.com\/index.php\/wp-json\/wp\/v2\/posts\/76293\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/musicianvoice.com\/index.php\/wp-json\/wp\/v2\/media\/76294"}],"wp:attachment":[{"href":"https:\/\/musicianvoice.com\/index.php\/wp-json\/wp\/v2\/media?parent=76293"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/musicianvoice.com\/index.php\/wp-json\/wp\/v2\/categories?post=76293"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/musicianvoice.com\/index.php\/wp-json\/wp\/v2\/tags?post=76293"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}