Live Nation is defending My Chemical Romance's use of Dallas Cowboys Cheerleaders-style uniforms during a staged gunfight, arguing that the costumes were a parody protected by the First Amendment rather than an attempt to mislead concertgoers.
In court papers filed as a trademark dispute moved to federal court, the concert promoter accused the cheerleaders' parent company, Pro Silver Star, of trying to control the band's theatrical presentation. The filing follows an agreement to stop using the disputed costumes, although the broader lawsuit includes demands for damages and a permanent injunction.
"Recognition is not confusion," Live Nation's attorneys wrote, arguing that audiences understood the dancers as part of a fictional stage production rather than members of the Dallas Cowboys Cheerleaders.
The dispute arose from My Chemical Romance's October 21, 23 and 24, 2026 performances at the Hollywood Bowl in Los Angeles. During a staged gun battle, dancers wearing blue-and-white, star-spangled outfits resembling the cheerleaders' signature uniforms confronted performers dressed as soldiers representing a fictional dictatorship.
Pro Silver Star sued My Chemical Romance and Live Nation on October 23, accusing them of infringing its protected trade dress by using costumes closely associated with the professional cheerleading squad. The company argued that depicting dancers in those uniforms shooting and being shot damaged the brand's reputation.
The complaint maintained that the band could continue its theatrical gunfight with different costumes. Pro Silver Star sought unspecified damages, profits from the alleged infringement and a permanent order prohibiting further use of the disputed uniforms.
Live Nation rejected the suggestion that the costumes falsely implied an association with the Dallas Cowboys Cheerleaders. Its attorneys characterized the performance as an exaggerated theatrical reference and accused Pro Silver Star of attempting to "line edit theatrical staging" through trademark litigation.
The promoter filed papers on October 27 seeking to move the dispute from a Texas state court to federal court, arguing that the allegations involved artistic expression and constitutional protections. Pro Silver Star subsequently filed to drop Live Nation as a defendant, although the effect of that filing on the federal proceedings has not been established.
The latest arguments follow an agreement by My Chemical Romance to stop using the disputed costumes, which eliminated the immediate need for an emergency hearing scheduled for October 28.
Live Nation's filing included a declaration from the band's manager stating that the costumes were intended only for the three Hollywood Bowl performances. An accompanying email from the band's music attorney, David Byrnes, confirmed that those performances had concluded and said there was no need to proceed with the request for a temporary restraining order.
The agreement addressed the immediate dispute over the costumes' continued use, while the lawsuit also seeks compensation for the earlier performances. The court has not ruled on whether the uniforms infringed Pro Silver Star's trademark rights or whether the band's use of them was legally protected parody.
