Oklahoma § 78-103 - Advertising or conducting live musical performance or

§ 78-103. Advertising or conducting live musical performance or

production using false, deceptive, or misleading affiliation,

connection or association between performing and recording group Exceptions.

It shall be unlawful for any person to advertise or conduct a

live musical performance or production in this state through the use

of a false, deceptive or misleading affiliation, connection or

Oklahoma Statutes - Title 78. Trade Marks and Labels

association between a performing group and a recording group. This

section does not apply if any of the following apply:

1. The performing group is the authorized registrant and owner

of a federal service mark for that group registered in the United

States Patent and Trademark Office;

2. 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;

3. The live musical performance or production is identified in

all advertising and promotion as a salute or tribute and the name of

the vocal or instrumental group performing is not so closely related

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

confuse or mislead the public;

4. The advertising does not relate to a live musical

performance or production taking place in this state; and

5. The performance or production is expressly authorized by the

recording group.

Added by Laws 2009, c. 105, § 3, eff. Nov. 1, 2009.