365.782 Prohibition against the use of false, deceptive, or misleading affiliation

198 words·~1 min read·/ky/365-782

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

between a performing group and recording group in a live musical

performance or production.

(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.