|Public Act 094-0854
||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:
The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2XX as follows:
(815 ILCS 505/2XX new)
(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
sound recording under that group's name and in which the member
or members have a legal right by virtue of use or
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,
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
owner of a Federal service mark for that group
registered in the United States Patent and Trademark
(2) at least one member of the performing group was a