1. Except as otherwise provided in subsection 2, a person engages in a deceptive trade practice if the person advertises or conducts 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. 2. A person does not engage in a deceptive trade practice pursuant to subsection 1 if: (a) The performing group is the authorized registrant and owner of a federal service mark comprising in whole or dominant part the mark or name of that group registered in the United States Patent and Trademark Office; (b) At least one member of the performing group was a member of the recording group and has a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group; (c) The live musical performance or production is identified in all advertising and promotion as a salute or tribute and the name of the performing group is not so closely related or similar to that used by the recording group that it would tend to confuse or mislead the public; (d) The advertising does not relate to a live musical performance or production taking place in this State; or (e) The performance or production is expressly authorized in writing by the recording group. 3. As used in this section: (a) Performing group means a vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound recording under that name. (b) Person means the performing group or its promoter, manager or agent. The term does not include the performance venue or its owners, managers or operators unless the performance venue has a controlling or majority ownership interest in and produces the performing group. (c) Recording group means a vocal or instrumental group at least one of whose members has previously released a commercial sound recording under that groups name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group. (d) Sound recording means a work that results from the fixation on a material object of a series of musical, spoken or other sounds regardless of the nature of the material object, such as a cassette tape, compact disc or phonograph album, in which the sounds are embodied.
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