Trade Practices and Antitrust Regulation

ORS 646.647
Unlawful use of recording group name

  • exceptions


(1)

As used in this section:

(a)

“Recording group” means a group of vocal or instrumental musicians that has released a commercial sound recording under its name.

(b)

“Sound recording” has the meaning given that term in ORS 164.864 (Definitions for ORS 164.864 to 164.882).

(2)

A person may not use or attempt to use the name of a recording group in advertising or presenting a live musical performance or production in which a group other than the recording group performs.

(3)

Subsection (2) of this section does not apply if:

(a)

The person is the authorized registrant and owner of a service mark for the name of the recording group registered with the United States Patent and Trademark Office;

(b)

At least one member of the recording group is a member of the group advertising or presenting a live musical performance or production using the name of the recording group and has a legal right to use the name of the recording group by virtue of use or operation under the name of the recording group 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 to the recording group and the name used in advertising or presenting a live musical performance or production is not so closely related or similar to that used by the recording group that it would cause the likelihood of confusion or of misunderstanding as to the affiliation, connection or association with the recording group;

(d)

The advertising relates to a live musical performance or production that will not take place in this state; or

(e)

The live musical performance or production is expressly authorized by the recording group. [2009 c.197 §3]
§§ 646.605 to 646.656

Notes of Decisions

A complaint which alleges in one count that defendants advertised automobile for sale with intent not to sell it as advertised, in a second count that there was a failure to disclose advertised price coupled with sale at greater amount sufficiently pleads action under Act. Sanders v. Francis, 277 Or 593, 561 P2d 1003 (1977)

Plaintiff's purchase of truck to carry on business of hauling freight in order to provide family investment and employment for family member did not fall within provisions of Act. Searle v. Exley Express, Inc., 278 Or 535, 564 P2d 1054 (1977)

Amendment of definition of "trade" and "commerce" to include "advertising, offering or distributing, whether by sale, rental or otherwise, any real estate, goods or services" does not indicate legislative intent to extend application of Unfair Trade Practices Act to loans and extensions of credit. Lamm v. Amfac Mortgage Corp., 44 Or App 203, 605 P2d 730 (1980)

There is no requirement that consumer prove all elements of common law fraud in order to recover damages under Unlawful Trade Practices Act. Raudebaugh v. Action Pest Control, 59 Or App 166, 650 P2d 1006 (1982)

Plaintiff's allegations that defendant escrow company represented that plaintiff would receive security interests on notes from sale of their business did not constitute misrepresentations actionable under Unlawful Trade Practices Act. Samuels v. Key Title Co., 63 Or App 627, 665 P2d 362 (1983), Sup Ct review denied

Law Review Citations

56 OLR 490 (1977); 13 WLJ 455 (1977)

§§ 646.605 to 646.652

Notes of Decisions

Where users of IUDs brought suit against manufacturer on variety of grounds, claiming damages for infertility, private enforcement provision of Oregon Unlawful Trade Practices Act (UTPA) does not provide remedy for personal injuries. Allen v. G.D. Searle and Co., 708 F Supp 1142 (D. Or. 1989)

For purposes of applying Oregon Unlawful Trade Practices Act, real estate, goods or services are obtained primarily for personal, family or household purposes if (1) real estate, good or service is customarily purchased by substantial number of people for personal, family or household use and (2) person actually purchases real estate, good or service for personal, family or household use. Fowler v. Cooley, 239 Or App 338, 245 P3d 155 (2010)

Law Review Citations

51 OLR 335, 346, 408 (1972); 53 OLR 473-475 (1974); 94 OLR 589 (2016)

Chapter 646

Notes of Decisions

Subject matter regulated by this chapter is not "preempted" by Federal Robinson-Patman Act so as to render this chapter invalid. W. J. Seufert v. Nat. Restaurant Supply Co., 266 Or 92, 511 P2d 363 (1973)

Whether an injunction should issue when a court finds a violation of the Act is a matter of discretion. State ex rel Johnson v. International Harvester Co., 25 Or App 9, 548 P2d 176 (1976)

This chapter imposes no affirmative duty to inform customers of rates in absence of request, but prohibits making information about prices available to some customers and not others. Wildish Sand & Gravel v. Northwest Natural Gas Co., 103 Or App 215, 796 P2d 1237 (1990), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021