2016 Utah Code
Title 13 - Commerce and Trade
Chapter 11a - Truth in Advertising
Section 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 performing group by using a false, deceptive, or otherwise misleading affiliation between a performing group and 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 service mark for the group name;
  • (b) a performance by a performing group that is clearly identified in all advertising and promotional materials as a salute or tribute;
  • (c) a performing group at least one member of which was a member of the recording group 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 any county 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 recover actual damages.
  • (c) The prevailing party in an action under Subsection (3)(a) may be awarded costs and attorney fees.

Enacted by Chapter 133, 2009 General Session