(A) Except as otherwise provided in division (B) of this section, no person shall advertise or conduct a live musical performance or production in this state through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group.
(B) Division (A) of this section does not apply to a person if any of the following circumstances apply:
(1) The performing group is the authorized registrant and owner of a federal service mark for that group registered in the United States patent and trademark office or is the owner of a valid trademark for that group under the "Lanham Act," 60 Stat. 427-443 (1946), 15 U.S.C. 1125(a), as amended.
(2) At least one member of the performing group is a member of the recording group and has a legal right to that group name by virtue of use or operation under the group name without having abandoned the name or affiliation with the group.
(3) The live musical performance or production is identified in all advertising and promotion for the performance as a salute or tribute to the recording group.
(4) The advertising does not relate to a live musical performance or production that the performing group conducts in this state.
(5) The performance or production is authorized expressly in writing by at least one member of the recording group.
Amended by 129th General AssemblyFile No.31, SB 84, ยง1, eff. 9/30/2011.
Effective Date: 2008 SB269 04-07-2009
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