NRS 598.0922
“Deceptive trade practice” defined.


1.

Except as otherwise provided in subsection 2, a person engages in a “deceptive trade practice” if the person advertises or conducts 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.

2.

A person does not engage in a “deceptive trade practice” pursuant to subsection 1 if:

(a)

The performing group is the authorized registrant and owner of a federal service mark comprising in whole or dominant part the mark or name of 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 and the name of the performing group is not so closely related or similar to that used by the recording group that it would tend to confuse or mislead the public;

(d)

The advertising does not relate to a live musical performance or production taking place in this State; or

(e)

The performance or production is expressly authorized in writing by the recording group.

3.

As used in this section:

(a)

“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.

(b)

“Person” means the performing group or its promoter, manager or agent. The term does not include the performance venue or its owners, managers or operators unless the performance venue has a controlling or majority ownership interest in and produces the performing group.

(c)

“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.

(d)

“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 cassette tape, compact disc or phonograph album, in which the sounds are embodied.

Source: Section 598.0922 — “Deceptive trade practice” defined., https://www.­leg.­state.­nv.­us/NRS/NRS-598.­html#NRS598Sec0922.

598.091
“Collective mark” defined.
598.092
“Deceptive trade practice” defined.
598.094
“Sale” defined.
598.096
Powers of Director, Commissioner and Attorney General.
598.097
Commissioner, Director and Attorney General: Equitable relief.
598.098
Use and disclosure of information by Commissioner or Director
598.099
Injunctions without prior notice.
598.0903
Definitions.
598.0905
“Advertisement” defined.
598.0907
“Certification mark” defined.
598.0913
“Commissioner” defined.
598.0915
“Deceptive trade practice” defined.
598.0916
“Deceptive trade practice” defined.
598.0917
“Deceptive trade practice” defined.
598.0918
“Deceptive trade practice” defined.
598.0921
“Deceptive trade practice” defined.
598.0922
“Deceptive trade practice” defined.
598.0923
“Deceptive trade practice” defined.
598.0924
“Deceptive trade practice” defined.
598.0925
“Deceptive trade practice” defined.
598.0927
“Director” defined.
598.0933
“Elderly person” defined.
598.0934
“Goods” defined.
598.0935
“Mark” defined.
598.0936
“Person with a disability” defined.
598.0937
“Property” defined.
598.0943
“Service mark” defined.
598.0945
“Trademark” defined.
598.0947
“Trade name” defined.
598.0953
Engaging in deceptive trade practice prima facie evidence of intent to injure competitor
598.0957
Director may delegate powers and duties.
598.0959
Advisory committees: Creation and appointment
598.0963
Additional powers of Attorney General.
598.0964
Use and sharing of confidential information by Attorney General
598.0965
Commissioner or Director to provide investigative assistance to Attorney General
598.0966
Revolving account for Consumer Affairs Division: Creation
598.0967
Commissioner and Director: Subpoenas
598.0971
Orders for enforcement: Authority of Commissioner and Director or designee
598.0973
Civil penalty for engaging in deceptive trade practice directed toward elderly person or person with disability.
598.0974
Civil penalty prohibited under certain circumstances.
598.0977
Civil action by elderly person or person with disability against person who engaged in deceptive trade practice
598.0979
Restraining orders
598.0983
Actions by district attorney: Prerequisites.
598.0985
Actions by district attorney: Injunctive relief.
598.0987
Actions by district attorney: Preliminary notice required before filing
598.0989
Actions by district attorney: Venue
598.0993
Relief for injured persons.
598.0995
Assurances of discontinuance.
598.0997
Service of notices.
598.0999
Civil and criminal penalties for violations.
598.09213
“Deceptive trade practice” defined.
598.09223
“Deceptive trade practice” defined.
Last Updated

Jun. 24, 2021

§ 598.0922’s source at nv​.us