13-11a-6 - Truth in music advertising -- Exemptions -- Penalties.
13-11a-6. Truth in music advertising -- Exemptions -- Penalties.
(1) A person may not advertise or conduct a live musical performance by a performinggroup by using a false, deceptive, or otherwise misleading affiliation between a performing groupand a recording group of the same name.
(2) This section does not apply to:
(a) a performing group that is the registrant and owner of a registered federal servicemark for the group name;
(b) a performance by a performing group that is clearly identified in all advertising andpromotional materials as a salute or tribute;
(c) a performing group at least one member of which was a member of the recordinggroup and has a legal right to use of the group name;
(d) the advertising does not relate to a live musical performance occurring in this state; or
(e) a performance authorized in writing by the recording group.
(3) (a) This section may be enforced by bringing an action in the district court for anycounty in which the live musical performance is advertised or conducted.
(b) A party injured by a violation of this section may obtain an injunction and recoveractual damages.
(c) The prevailing party in an action under Subsection (3)(a) may be awarded costs andattorney fees.
Enacted by Chapter 133, 2009 General Session