Ohio Rev. Code Ann. § 1349.81
Deception respecting relationship of performing and recording group.
Effective Sep 30, 2011Senate Bill 84 - 129th General Assembly
- (A) Except as otherwise provided in division (B) of this section, no person shall 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.
(B) Division (A) of this section does not apply to a person if any of the following circumstances 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 or is the owner of a valid trademark for that group under the "Lanham Act," 60 Stat. 427-443 (1946), 15 U.S.C. 1125(a), as amended.
- (2) At least one member of the performing group is a member of the recording group and has a legal right to that group name 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 for the performance as a salute or tribute to the recording group.
- (4) The advertising does not relate to a live musical performance or production that the performing group conducts in this state.
- (5) The performance or production is authorized expressly in writing by at least one member of the recording group.