DECEPTIVE MUSICAL ADVERTISEMENTS OR PERFORMANCES

RSA tit. XXXI, ch. 359-J

in effect

RSA 359-J:1 Definitions.

359-J:1. Definitions. In this chapter: I. "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. II. "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. III. "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 disk, tape, or other phono-record, in which the sounds are embodied. Source. 2009, 326:1, eff. Jan. 1, 2010.

RSA 359-J:2 Production.

359-J:2. Production. I. It shall be unlawful for any 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 a performing group and a recording group. II. It shall not be a violation of paragraph I if any of the following apply: (a) 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. (b) 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. (c) The live musical performance or production is identified in all advertising and promotion as a salute or tribute. (d) The advertising does not relate to a live musical performance or production taking place in this state. (e) The performance or production is expressly authorized by the recording group. Source. 2009, 326:1, eff. Jan. 1, 2010.

RSA 359-J:3 Restraining Prohibited Acts.

359-J:3. Restraining Prohibited Acts. I. Whenever the attorney general or a county attorney has reason to believe that any person is advertising or conducting or is about to advertise or conduct a live musical performance or production in violation of RSA 359-J:2, I and that proceedings would be in the public interest, the attorney general or county attorney may bring an action in the name of the state against the person to restrain by temporary or permanent injunction that practice. II. Whenever any court issues a permanent injunction to restrain and prevent violations of this chapter as authorized in paragraph I, the court may direct that the defendant restore to any person in interest any moneys or property, real or personal, which may have been acquired by means of any violation of this chapter, under terms and conditions to be established by the court. Source. 2009, 326:1, eff. Jan. 1, 2010.

RSA 359-J:4 Penalty.

359-J:4. Penalty. A person who violates RSA 359-J:2, I shall be liable to the state for a civil penalty of not less than $5,000 nor more than $15,000 per violation, which civil penalty shall be in addition to any other relief which may be granted under RSA 359-J:3. Each performance or production declared unlawful under RSA 359-J:2, I shall constitute a separate violation. Source. 2009, 326:1, eff. Jan. 1, 2010.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XXXI-359-J.htmFetched: 10/20/2026