59.1-466.2 - Production. - Virginia Statutes

§ 59.1-466.2. Production.

It shall be unlawful for any performer or performing group, or its agent, toadvertise or conduct a live musical performance or production in theCommonwealth through the use of an affiliation, connection, or association,known to be false, deceptive or misleading, with the intent to defraud thepublic, between a performing group and a recording group. The provisions ofthis chapter shall not apply if:

1. The performing group is the authorized registrant and owner of a federalservice mark for that group registered in the United States Patent andTrademark Office;

2. At least one member of the performing group was a member of the recordinggroup and has a legal right by virtue of use or operation under the groupname without having abandoned the name or affiliation with the group;

3. The live musical performance or production is identified in alladvertising and promotion as a salute or tribute, or the name of the vocal orinstrumental group performing is not so closely related or similar to thatused by the recording group that it would tend to confuse or mislead thepublic;

4. The advertising does not relate to a live musical performance orproduction taking place in the Commonwealth; or

5. The performance or production is expressly authorized by the recordinggroup.

(2007, c. 261.)