(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.

(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]