H 4318 General Bill, By Snow
 A BILL TO AMEND CHAPTER 11, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO OFFENSES AGAINST PROPERTY, BY ADDING SECTION 16-11-960 SO AS TO
 PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON OR GROUP ENGAGED IN ANY MUSICAL
 PRODUCTION OR THE PERFORMING ARTS TO USE THE NAME, TRADE NAME, GROUP NAME,
 STAGE NAME, OR TRADEMARK OF ANY OTHER PERSON OR GROUP NOW OR FORMERLY ENGAGED
 IN THE SAME OR SIMILAR MUSICAL PRODUCTION, AND TO PROVIDE PENALTIES; TO AMEND
 CHAPTER 5, TITLE 39, RELATING TO UNFAIR TRADE PRACTICES, BY ADDING SECTION
 39-5-38, SO AS TO PROVIDE THAT IS UNLAWFUL AND AN UNFAIR TRADE PRACTICE FOR
 ANY PERSON OR GROUP ENGAGED IN ANY MUSICAL PRODUCTION OR THE PERFORMING ARTS
 TO USE SUCH NAMES OR MARKS OF ANY OTHER PERSON OR GROUP NOW OR FORMERLY
 ENGAGED IN THE SAME OR SIMILAR MUSICAL PRODUCTION OR PERFORMING ARTS UNLESS
 THE RIGHT TO THE USE OF SUCH NAMES OR MARKS SHALL HAVE BEEN ACQUIRED, AND TO
 PROVIDE PENALTIES.

   08/13/01  House  Introduced and read first time HJ-7
   08/13/01  House  Referred to Committee on Judiciary HJ-7

TO AMEND CHAPTER 11, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PROPERTY, BY ADDING SECTION 16-11-960 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON OR GROUP ENGAGED IN ANY MUSICAL PRODUCTION OR THE PERFORMING ARTS TO USE THE NAME, TRADE NAME, GROUP NAME, STAGE NAME, OR TRADEMARK OF ANY OTHER PERSON OR GROUP NOW OR FORMERLY ENGAGED IN THE SAME OR SIMILAR MUSICAL PRODUCTION, AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 5, TITLE 39, RELATING TO UNFAIR TRADE PRACTICES, BY ADDING SECTION 39-5-38, SO AS TO PROVIDE THAT IS UNLAWFUL AND AN UNFAIR TRADE PRACTICE FOR ANY PERSON OR GROUP ENGAGED IN ANY MUSICAL PRODUCTION OR THE PERFORMING ARTS TO USE SUCH NAMES OR MARKS OF ANY OTHER PERSON OR GROUP NOW OR FORMERLY ENGAGED IN THE SAME OR SIMILAR MUSICAL PRODUCTION OR PERFORMING ARTS UNLESS THE RIGHT TO THE USE OF SUCH NAMES OR MARKS SHALL HAVE BEEN ACQUIRED, AND TO PROVIDE PENALTIES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 11, Title 16 of the 1976 Code is amended by adding:

    "Section 16-11-960.    It is unlawful for any person or group engaged in any musical production or the performing arts, either on his own account or in a representative capacity for some other person, to use the name, trade name, group name, stage name, or trademark of any other person or group now or formerly engaged in the same performing art, in his business or in connection with any public or private musical production or performance of the arts unless the right to the use of the name, trade name, group name, stage name, or trademark shall have been acquired by the person from the one whose name or trademark is used or unless such person has the written permission of the person whose name or trademark is used to use the name, trade name, group name, stage name, or trademark of the other person or group.

    A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days, or both."

SECTION    2.    Chapter 5, Title 39 of the 1976 Code is amended by adding:

    "Section 39-5-38.    It is unlawful and an unfair trade practice for any person or group engaged in any musical production or the performing arts, either on his own account or in a representative capacity for some other person, to use the name, trade name, group name, stage name, or trademark of any other person or group now or formerly engaged in the same performing art, in his business or in connection with any public or private musical production or performance of the arts unless the right to the use of the name, trade name, group name, stage name, or trademark shall have been acquired by the person from the one whose name or trademark is used or unless such person has the written permission of the person whose name or trademark is used to use the name, trade name, group name, stage name, or trademark of the other person or group.

    In addition to any criminal penalty that may be imposed, any person or group of persons violating this section is also subject to the provisions of this chapter and is jointly and severally liable for actual damages to the owner of the name, trade name, group name, stage name, or trademark for the amount of all profits made or derived from the unlawful use of the name, trade name, group name, stage name, or trademark, which damages must be trebled in accordance with the provisions of this chapter."

SECTION    3.    This act takes effect upon approval by the Governor.