Band-Name Fights May Trigger Lengthy Battles

The recent high-profile litigation over rights to 'Supernova' was the latest example of the common hot-button issue of who may ex-ploit a band's name. The 'Super-nova' dispute was settled with the original pop-punk group of that name agreeing that the marquee band from the CBS-TV talent-series will be able to perform as 'Rock Star Supernova.' In 2004, South Carolina became the first state to enact a 'Truth in Musical Advertising' statute to regulate the use of music-group names, at least in live performances. Since then, at the urging of the Vocal Group Hall of Fame, several other states ' including Connecticut, Illinois, Pennsylvania and North Dakota ' have enacted similar laws. The goal of these statutes generally is to prevent the 'false, deceptive or misleading affiliation, connection or association' between a recording group and a performing group. But issues of contractual or service-mark rights may need to be resolved before a 'Truth in Musical Advertising Statue' may be enforced.