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Truth-in-Music-Advertising Law Provides No Private Right of Action to Music Groups
It can be a game of whack-a-mole for parties who have legal rights in names of music groups that have carved out lasting legacies: unauthorized versions of the music group popping up to perform concerts. Unauthorized acts may also establish rogue websites, and sell merchandise and new recordings in the original group's name.
When lawsuits are filed to stop such activities, the claims often include trademark infringement, false designation of origin, unfair competition and cybersquatting. In addition, since 2004 more than half of U.S. states have enacted "Truth in Music Advertising" laws to prevent false, deceptive or misleading affiliations between a recording group and a performing group.
These statutes, which are aimed at unauthorized live performances, typically empower state attorneys general or other government officials to obtain injunctions barring prohibited concerts. The statutes also include monetary fines that vary by state, for example, from $2,500 per offense, which may be for each advertisement of an unauthorized concert, up to $50,000. Violators also can be required to turn over illicit performance income to the legal owner of a band name.
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