The Dallas Cowboys Cheerleaders have formally dismissed their lawsuit against My Chemical Romance over costumes resembling the squad’s trademarked uniforms at the Hollywood Bowl. The dismissals were filed Monday in federal court in Texas, but Live Nation says the dispute is not resolved and rejects claims that the band agreed to change its performances.
In a Monday filing, the concert promoter said the cheerleaders and their parent company, Pro Silver Star, had been told more than a week before the lawsuit was filed that the costumes had already been retired and would not be used again. Live Nation also said neither it nor My Chemical Romance made a concession to stop wearing the uniforms. The company said it was the only defendant formally served with the lawsuit; the band was not served and had no obligation to appear in court.
The lawsuit accused the band of using unauthorized versions of the Dallas Cowboys Cheerleaders’ blue-and-white uniforms during a staged mock gun battle. The cheerleaders argued the costumes infringed their protected trade dress and harmed their brand, and sought an emergency restraining order before additional concerts scheduled for Oct. 30 and 31.
Live Nation has argued that the costumes appeared in a satirical rock opera and that the performances were protected artistic expression. In its latest filing, the promoter said it and the band continue to contest that the shows infringed the cheerleaders’ rights. It also said the rock opera’s final part ended on Oct. 24 as scheduled, not because of an agreement with the plaintiffs.
A filing by Live Nation last Friday described the performance as a parody and said viewers would not mistake the dancers for actual Dallas Cowboys Cheerleaders. The cheerleaders’ lawyers did not respond to requests for comment, according to the report.
My Chemical Romance is scheduled to begin the Asian leg of its tour in South Korea on Nov. 7, with further concerts listed in Singapore, the Philippines, Thailand, Malaysia and Indonesia.
Sources: Rolling Stone.