Legislation
SECTION 34.05
Production
Arts and Cultural Affairs (ACA) CHAPTER 11-C, TITLE K, ARTICLE 34
§ 34.05. Production. 1. No performing group shall use, advertise or
promote a live musical performance or production through the use of a
false, deceptive or misleading affiliation, connection or association
between a recording group and a performing group where such performing
group is seeking to use the same or a substantially similar name as such
recording group.
2. The provisions of subdivision one of this section shall not apply
if:
(a) the performing group is the authorized registrant and owner of a
federal service mark for that recording 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;
(d) the advertising does not relate to a live musical performance or
production taking place in this state; or
(e) the performance or production by the performing group with the
same or substantially similar name of a specific recording group is
expressly authorized by that recording group.
promote a live musical performance or production through the use of a
false, deceptive or misleading affiliation, connection or association
between a recording group and a performing group where such performing
group is seeking to use the same or a substantially similar name as such
recording group.
2. The provisions of subdivision one of this section shall not apply
if:
(a) the performing group is the authorized registrant and owner of a
federal service mark for that recording 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;
(d) the advertising does not relate to a live musical performance or
production taking place in this state; or
(e) the performance or production by the performing group with the
same or substantially similar name of a specific recording group is
expressly authorized by that recording group.