New Hampshire Revised Statutes 359-J:2 – Production
Current as of: 2023 | Check for updates
|
Other versions
I. 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 association between a performing group and a recording group.
II. It shall not be a violation of paragraph I if any of the following apply:
(a) 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.
(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.
(d) The advertising does not relate to a live musical performance or production taking place in this state.
(e) The performance or production is expressly authorized by the recording group.
II. It shall not be a violation of paragraph I if any of the following apply:
Terms Used In New Hampshire Revised Statutes 359-J:2
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
(a) 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.
(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.
(d) The advertising does not relate to a live musical performance or production taking place in this state.
(e) The performance or production is expressly authorized by the recording group.