§ 34.05 — Production

New York § 34.05

• Jurisdiction: New York
• Law ACA: Arts and Cultural Affairs
• Title K: Trade-marks
• Art. 34: Live Musical Performance and Productions

Text

§ 34.05. Production. 1. No performing group shall use, advertise or\npromote a live musical performance or production through the use of a\nfalse, deceptive or misleading affiliation, connection or association\nbetween a recording group and a performing group where such performing\ngroup is seeking to use the same or a substantially similar name as such\nrecording group.\n 2. The provisions of subdivision one of this section shall not apply\nif:\n (a) the performing group is the authorized registrant and owner of a\nfederal service mark for that recording group registered in the United\nStates Patent and Trademark Office;\n (b) at least one member of the performing group was a member of the\nrecording group and has a legal right by virtue of use or operation\nunder the group name without having abandoned the name or affiliation\nwith the group;\n (c) the live musical performance or production is identified in all\nadvertising and promotion as a salute or tribute;\n (d) the advertising does not relate to a live musical performance or\nproduction taking place in this state; or\n (e) the performance or production by the performing group with the\nsame or substantially similar name of a specific recording group is\nexpressly authorized by that recording group.\n