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Promoter Wins Attorney Fees for Challenging Truth-In-Music Law
New Jersey will have to pay the legal fees for a music promoter that sued the state to stop it from enforcing its “truth-in-music” law. The U.S. Court of Appeals for the Third Circuit held in Singer Management Consultants Inc. v. Milgram, 09-2238, that the promoter, which accused the state of violating its constitutional and trademark rights, was a prevailing party for fee-shifting purposes.
The fee dispute grew out of the state's attempt in 2007 to enforce the newly enacted New Jersey Deceptive Practices in Musical Performances statute, N.J.S.A. '2A:32B-1 et seq. The law is aimed at impostor groups that perform under a name they have no right to use. It creates a separate offense subject to a $10,000 civil penalty for a first offense, $20,000 for a repeat and treble damages, and makes a violation illegal under the Consumer Fraud Act.
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