N.Y. Arts and Cultural Affairs Law § 34.05: Production

§ 34.05. Production. 1. No performing group shall use, advertise or

promote a live musical performance or production through the use of a

false, deceptive or misleading affiliation, connection or association

between a recording group and a performing group where such performing

group is seeking to use the same or a substantially similar name as such

recording group.

2. The provisions of subdivision one of this section shall not apply

if:

(a) the performing group is the authorized registrant and owner of a

federal service mark for that recording 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; or

(e) the performance or production by the performing group with the

same or substantially similar name of a specific recording group is

expressly authorized by that recording group.