2001-2002 Bill 4318: Trade Names, Marks; Musician Or Artist Using Another Person's in Same

1 BIL: 4318 2 TYP: General Bill GB 3 INB: House 4 IND: 20010813 5 PSP: Snow 6 SPO: Snow 7 DDN: l:\council\bills\gjk\20785djc01.doc 8 RBY: House 9 COM: Judiciary Committee 25 HJ 10 SUB: Trade names, marks; musician or artist using another person's in same 11 profession unlawful; Consumer Affairs, Businesses 12 13 14 15 HST: 16 17 Body Date Action Description Com Leg Involved 18 ______19 House 20010813 Introduced, read first time, 25 HJ 20 referred to Committee 21 22 23 Versions of This Bill 24 25 26 27 28 TXT: 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND CHAPTER 11, TITLE 16, CODE OF LAWS OF 12 SOUTH CAROLINA, 1976, RELATING TO OFFENSES 13 AGAINST PROPERTY, BY ADDING SECTION 16-11-960 SO 14 AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANY 15 PERSON OR GROUP ENGAGED IN ANY MUSICAL 16 PRODUCTION OR THE PERFORMING ARTS TO USE THE 17 NAME, TRADE NAME, GROUP NAME, STAGE NAME, OR 18 TRADEMARK OF ANY OTHER PERSON OR GROUP NOW 19 OR FORMERLY ENGAGED IN THE SAME OR SIMILAR 20 MUSICAL PRODUCTION, AND TO PROVIDE PENALTIES; 21 TO AMEND CHAPTER 5, TITLE 39, RELATING TO UNFAIR 22 TRADE PRACTICES, BY ADDING SECTION 39-5-38, SO AS 23 TO PROVIDE THAT IS UNLAWFUL AND AN UNFAIR 24 TRADE PRACTICE FOR ANY PERSON OR GROUP 25 ENGAGED IN ANY MUSICAL PRODUCTION OR THE 26 PERFORMING ARTS TO USE SUCH NAMES OR MARKS OF 27 ANY OTHER PERSON OR GROUP NOW OR FORMERLY 28 ENGAGED IN THE SAME OR SIMILAR MUSICAL 29 PRODUCTION OR PERFORMING ARTS UNLESS THE 30 RIGHT TO THE USE OF SUCH NAMES OR MARKS SHALL 31 HAVE BEEN ACQUIRED, AND TO PROVIDE PENALTIES. 32 33 Be it enacted by the General Assembly of the State of South 34 Carolina: 35 36 SECTION 1. Chapter 11, Title 16 of the 1976 Code is amended 37 by adding: 38 39 “Section 16-11-960. It is unlawful for any person or group 40 engaged in any musical production or the performing arts, either 41 on his own account or in a representative capacity for some other 42 person, to use the name, trade name, group name, stage name, or

1 [4318] 1 1 trademark of any other person or group now or formerly engaged 2 in the same performing art, in his business or in connection with 3 any public or private musical production or performance of the arts 4 unless the right to the use of the name, trade name, group name, 5 stage name, or trademark shall have been acquired by the person 6 from the one whose name or trademark is used or unless such 7 person has the written permission of the person whose name or 8 trademark is used to use the name, trade name, group name, stage 9 name, or trademark of the other person or group. 10 A person violating this section is guilty of a misdemeanor and, 11 upon conviction, must be fined not less than one hundred dollars 12 nor more than one thousand dollars or imprisoned for not more 13 than thirty days, or both.” 14 15 SECTION 2. Chapter 5, Title 39 of the 1976 Code is amended by 16 adding: 17 18 “Section 39-5-38. It is unlawful and an unfair trade practice for 19 any person or group engaged in any musical production or the 20 performing arts, either on his own account or in a representative 21 capacity for some other person, to use the name, trade name, group 22 name, stage name, or trademark of any other person or group now 23 or formerly engaged in the same performing art, in his business or 24 in connection with any public or private musical production or 25 performance of the arts unless the right to the use of the name, 26 trade name, group name, stage name, or trademark shall have been 27 acquired by the person from the one whose name or trademark is 28 used or unless such person has the written permission of the person 29 whose name or trademark is used to use the name, trade name, 30 group name, stage name, or trademark of the other person or 31 group. 32 In addition to any criminal penalty that may be imposed, any 33 person or group of persons violating this section is also subject to 34 the provisions of this chapter and is jointly and severally liable for 35 actual damages to the owner of the name, trade name, group name, 36 stage name, or trademark for the amount of all profits made or 37 derived from the unlawful use of the name, trade name, group 38 name, stage name, or trademark, which damages must be trebled in 39 accordance with the provisions of this chapter.” 40 41 SECTION 3. This act takes effect upon approval by the 42 Governor. 43 ----XX----

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