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KRS 365.782

Prohibition against the use of false, deceptive, or misleading affiliation between a performing group and recording group in a live musical performance or production

Effective: July 14, 2022 History: Created 2022 Ky

(1) A person shall not advertise or conduct a live musical performance or production in this Commonwealth through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group.

(2) This section shall not apply if:

(a) The performing group is the authorized registrant and owner of a federal service mark or trademark for the recording group which is:

1. Registered in the United States; or 2. A licensee of or otherwise authorized to use the mark by such registrant and owner;

(b) At least one (1) 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;

(c) 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 confusingly similar to a recording group; or (d) The performance or production is expressly authorized by the recording group.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.