Arts and Cultural Affairs - Trade-marks - Live Musical Performance and Productions - Production

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§ 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

(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.