Public Act 094-0854
 
HB4172 Enrolled LRB094 14358 LCT 49281 b

    AN ACT concerning consumer fraud.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2XX as follows:
 
    (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.
    "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.
    (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:
        (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
    member of the recording group and has a legal right 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 as a salute or
    tribute;
        (4) the advertising does not relate to a live musical
    performance or production taking place in this State; or
        (5) the performance or production is expressly
    authorized by the recording group.