Illinois General Assembly - Full Text of HB4172
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Full Text of HB4172  94th General Assembly

HB4172enr 94TH GENERAL ASSEMBLY



 


 
HB4172 Enrolled LRB094 14358 LCT 49281 b

1     AN ACT concerning consumer fraud.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Consumer Fraud and Deceptive Business
5 Practices Act is amended by adding Section 2XX as follows:
 
6     (815 ILCS 505/2XX new)
7     Sec. 2XX. Performing groups.
8     (a) As used in this Section:
9     "Performing group" means a vocal or instrumental group
10 seeking to use the name of another group that has previously
11 released a commercial sound recording under that name.
12     "Recording group" means a vocal or instrumental group at
13 least one of whose members has previously released a commercial
14 sound recording under that group's name and in which the member
15 or members have a legal right by virtue of use or operation
16 under the group name without having abandoned the name or
17 affiliation with the group.
18     "Sound recording" means a work that results from the
19 fixation on a material object of a series of musical, spoken,
20 or other sounds regardless of the nature of the material
21 object, such as a disc, tape, or other phono-record, in which
22 the sounds are embodied.
23     (b) It is an unlawful practice for a person to advertise or
24 conduct a live musical performance or production in this State
25 through the use of a false, deceptive, or misleading
26 affiliation, connection, or association between the performing
27 group and the recording group. This Section does not apply if:
28         (1) the performing group is the authorized registrant
29     and owner of a Federal service mark for that group
30     registered in the United States Patent and Trademark
31     Office;
32         (2) at least one member of the performing group was a

 

 

HB4172 Enrolled - 2 - LRB094 14358 LCT 49281 b

1     member of the recording group and has a legal right by
2     virtue of use or operation under the group name without
3     having abandoned the name or affiliation with the group;
4         (3) the live musical performance or production is
5     identified in all advertising and promotion as a salute or
6     tribute;
7         (4) the advertising does not relate to a live musical
8     performance or production taking place in this State; or
9         (5) the performance or production is expressly
10     authorized by the recording group.