§ 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