2012 New York Consolidated Laws
ACA - Arts and Cultural Affairs
Title K - TRADE-MARKS
Article 34 - (34.01 - 34.09) LIVE MUSICAL PERFORMANCE AND PRODUCTIONS
34.05 - Production.


NY Arts & Cult Aff L § 34.05 (2012) What's This?
 
    §  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.

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