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2023 Utah Code
Title 13 - Commerce and Trade
Chapter 11a - Truth in Advertising
Section 6 - Truth in music advertising -- Exemptions -- Penalties.
Universal Citation:
UT Code § 13-11a-6 (2023)
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13-11a-6. Truth in music advertising -- Exemptions -- Penalties.
Enacted by Chapter 133, 2009 General Session
- (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
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