Nevada § 598.0922 - “Deceptive trade practice” defined

§ 598.0922. “Deceptive trade practice” defined

1. Except as otherwise provided in subsection 2, a person engages in a “deceptive

trade practice” if the person advertises or conducts a live musical performance or

production in this State through the use of a false, deceptive or misleading affiliation,

connection or association between a performing group and a recording group. 2. A person does not engage in a “deceptive trade practice” pursuant to subsection

1 if: (a) The performing group is the authorized registrant and owner of a federal service

mark comprising in whole or dominant part the mark or name of that group registered

in the United States Patent and Trademark Office; (b) At least one member of the performing group was a member of the recording group

and has a legal right by virtue of use or operation under the group name without having

abandoned the name or affiliation with the 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 so closely

related or similar to that used by the recording group that it would tend to confuse

or mislead the public; (d) The advertising does not relate to a live musical performance or production taking

place in this State; or (e) The performance or production is expressly authorized in writing by the recording

group. 3. As used in this section: (a) “ Performing group ” means a vocal or instrumental group seeking to use the name of another group that

has previously released a commercial sound recording under that name. (b) “ Person ” means the performing group or its promoter, manager or agent. The term does not include the performance venue or its owners, managers or operators

unless the performance venue has a controlling or majority ownership interest in and

produces the performing group. (c) “ Recording group ” means a vocal or instrumental group at least one of whose members has previously

released a commercial sound recording under that group's name and in which the member

or members have a legal right by virtue of use or operation under the group name without

having abandoned the name or affiliation with the group. (d) “ Sound recording ” means a work that results from the fixation on a material object of a series of

musical, spoken or other sounds regardless of the nature of the material object, such

as a cassette tape, compact disc or phonograph album, in which the sounds are embodied.