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Public Act 094-0854
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| HB4172 Enrolled |
LRB094 14358 LCT 49281 b |
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AN ACT concerning consumer fraud.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Consumer Fraud and Deceptive Business |
Practices Act is amended by adding Section 2XX as follows:
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(815 ILCS 505/2XX new) |
Sec. 2XX. Performing groups. |
(a) As used in this Section: |
"Performing group" means a vocal or instrumental group |
seeking to use the name of another group that has previously |
released a commercial sound recording under that name.
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"Recording group" means a vocal or instrumental group at |
least one of whose members has previously released a
commercial |
sound recording under that group's name and in which the member |
or members have a legal right by virtue of use or
operation |
under the group name without having abandoned the name or |
affiliation with the group. |
"Sound recording" means a work that results from the |
fixation on a material object of a series of musical, spoken, |
or
other sounds regardless of the nature of the material |
object, such as a disc, tape, or other phono-record, in which |
the sounds are embodied.
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(b) It is an unlawful practice for a 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 the performing |
group and the recording group. This Section does not apply if:
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(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; |
(2) at least one member of the performing group was a |