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Dallas Cowboys Cheerleaders Drop My Chemical Romance Lawsuit, but War of Words Rages On
The Dallas Cowboys Cheerleaders have dismissed their trademark lawsuit against My Chemical Romance over costumes resembling the squad’s blue-and-white uniforms. Live Nation disputes claims that the band agreed to stop using the outfits, saying the dismissal does not amount to a concession and that the dispute over alleged infringement remains unresolved.
The cheerleaders sued last month, arguing the costumes used in a satirical stage performance infringed their protected trade dress and harmed their brand. Live Nation says the costumes had already been retired before the suit was filed, and that the shows on 21, 23 and 24 October were always scheduled to be the final performances of that part of the rock opera. It argues the use was parody protected by the First Amendment; the cheerleaders had sought an emergency order to prevent further performances.
In short
- The cheerleaders have dropped their lawsuit over the costumes.
- Live Nation denies any agreement to stop using them.
- The band’s final scheduled performances took place on 24 October.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
The cheerleaders can argue that distinctive uniforms are part of their protected brand identity, and that using a recognisably similar look in performances risks confusing audiences or weakening the value of that identity. Seeking an emergency order was a way to protect those interests while the legal dispute was considered.
The case against
Live Nation can argue that the costumes were used in a satirical performance, making the resemblance part of a parody that merits strong First Amendment protection. It also says the outfits had already been retired and the October shows were scheduled as their final appearances, so dismissing the suit need not imply an admission of infringement or agreement to stop.
Explained simply
The Dallas Cowboys Cheerleaders are the cheerleading squad associated with the Dallas Cowboys American football team. Their blue-and-white uniforms are closely linked to the squad’s public image. In US law, trade dress can protect the distinctive look of a product or business when it helps people recognise its source.
My Chemical Romance is a rock band whose stage shows have included a satirical rock opera, while Live Nation promotes and organises its tours. The dispute concerns costumes worn in part of that performance and whether their resemblance to the cheerleaders’ uniforms unlawfully used a protected look. The band’s side has argued that the costumes were parody, a form of expression protected by the US Constitution’s First Amendment.