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“They said the costumes infringed on the squad’s protectable trade dress, and their lawyers sought an emergency restraining order ahead of two more shows this weekend.”
“With the restraining order dispute apparently resolved, Live Nation sought to move the remaining case to federal court.”
““Recognition is not confusion,” the new filing says.”
“In its lawsuit, Pro Silver Star is seeking unspecified profits and damages, along with a trial and a permanent injunction barring My Chemical Romance from using the allegedly infringing costumes in future performances.”
“It argues that DCC’s parent company, Pro Silver Star, is improperly attempting “to use trademark law to line edit theatrical staging at a Los Angeles concert because [it] dislikes the way the show parodied one of the most famous uniforms in the United States.”
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“In the skit, the dancers wearing the star-spangled cheer uniforms stormed the stage with rifles drawn, aiming at black-clad troops representing a fictional dictatorship.”