From Consequence · · 1m 20s
Dallas Cowboys Cheerleaders Lawsuit Over My Chemical Romance Uniform
Dallas Cowboys Cheerleaders seek restraining order against My Chemical Romance for using similar uniforms at Hollywood Bowl show.
In brief
Dallas Cowboys Cheerleaders seek restraining order against My Chemical Romance for using similar uniforms at Hollywood Bowl show. Dallas Cowboys Cheerleaders claim My Chemical Romance's Hollywood Bowl performance used their trademarked uniform, risking trademark infringement. Originally reported by Consequence.
Legal Action Against My Chemical Romance
Dallas Cowboys Cheerleaders and parent company Pro Silver Star Ltd. filed a restraining order against My Chemical Romance for using similar uniforms at Hollywood Bowl show.
“The motion, filed October 23rd in Dallas County district court, also names Live Nation and asks for a preliminary injunction and unspecified damages.”
Uniform Similarity Claim
Silver Star alleges fans believed real DCC cheered on 'Teenagers' until dancers were depicted being shot with prop rifles.
“fans believed the real DCC had shown up to cheer on "Teenagers," right up until the dancers picked up prop rifles, fought a staged firefight, and were "depicted being shot."”
1979 Legal Precedent
A 1979 court case established that DCC's uniform includes white boots, shorts, fringe, star-studded belt, and vest with blue stars.
“DCC won an injunction, and the 1979 opinion took an inventory of the uniform: white boots, white shorts, white fringe, a star-studded belt, and a vest with three blue stars on each side.”
Trademark Dilution Claim
Silver Star also alleges trademark dilution, claiming MCR's use damages the Cowboys' famous mark through low-quality association.
“Silver Star also has a claim that doesn't require anyone to be confused. Its filing alleges trademark dilution, a protection reserved for famous marks.”
Artistic Defense by MCR
My Chemical Romance argues their rock opera 'Black Parade' uses American iconography without endorsement, similar to past cases.
“The band's best argument is artistic. The Black Parade show is a rock opera set in a fictional dictatorship that draws on American iconography.”
Legal Precedent for Art
The 1979 case and 2023 Supreme Court ruling show that creative works can borrow marks without confusion if not misleading.
“In 2023, the Supreme Court clarified that protection in Jack Daniel's v. VIP Products. VIP sold Bad Spaniels, a dog toy shaped like a Jack Daniel's bottle.”
Potential Outcome
The case may settle with MCR agreeing to stop using the uniforms, but the band has two shows left including Halloween.
“Either way, MCR has two shows left. The last one falls on Halloween, probably the one night of the year when anyone at the Hollywood Bowl can dress as a Dallas Cowboys Cheerleader without hearing from Silver Star's lawyers.”
The key point
Dallas Cowboys Cheerleaders claim My Chemical Romance's Hollywood Bowl performance used their trademarked uniform, risking trademark infringement.
