| (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. |
Terms Used In Utah Code 13-11a-6
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Performing group: means a vocal or instrumental group that performs live music for a paying audience. See Utah Code 13-11a-2
- Person: means an individual, including a consumer, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. See Utah Code 13-11a-2
- Recording group: means a vocal or instrumental group at least one of the members of which has released a commercial sound recording under the group's name, if the member has a legal right to use of the group's name. See Utah Code 13-11a-2
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Writing: includes :Utah Code 68-3-12.5
| (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. |
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Enacted by Chapter 133, 2009 General Session
