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New Jersey Truth in Music Advertising Law Applies to Common Law Service Marks

By Stan Soocher

Since 2004, Truth in Music Advertising statutes have been enacted in more than 26 states. These laws, aimed at preventing consumer confusion between a recording group and a performing group, set forth several conditions, at least one of which must be met to legally use the name of a music group in conjunction with a concert performance. In April 2009, the U.S. District Court for the District of New Jersey issued a ruling in a case that involved the constitutionality of that state's law, known as the Deceptive Practices in Musical Performances Statute, N.J.S.A. 2A:32B-1 et seq. (See the sidebar to this article below for more specifics of the statute.) The lawsuit against the state attorney general challenged the portion of the statute that authorized the owner of a federally registered service mark of a group name to permit a concert performance, but didn't give the same right to owners with rights in unregistered marks.

Rights Granted to Unregistered Marks

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