A person may not advertise or conduct a live musical performance or production in this State through the use of a false, deceptive or misleading affiliation, connection, or association between a performing group and a recording group. This section does not apply if:

(1) The performing group is the authorized registrant and owner of a federal service mark for the recording group that is registered in the United States;

Terms Used In Hawaii Revised Statutes 481T-3

  • Performing group: means a vocal or instrumental group of one or more members that intends to advertise or perform under the name of a recording group or a name substantially similar to a recording group. See Hawaii Revised Statutes 481T-2
  • Recording group: means a vocal or instrumental group of one or more members, at least one of whose members has previously released a commercial sound recording under that group's name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group. See Hawaii Revised Statutes 481T-2
(2) At least one member of the performing group was a member of the recording group and that member has a legal right to use or operate under the name of the recording group without having abandoned the name or affiliation with the recording group;
(3) The live musical performance or production is identified in all advertising and promotion as a salute or tribute and the name of the performing group is not so closely related or similar to the name used by the recording group that it would tend to confuse or mislead the public;
(4) The advertising does not relate to a live musical performance or production taking place in, or streamed or broadcast into, this State; or
(5) The performance or production is expressly authorized by the recording group.

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