States Turn a Deaf Ear to the Constitution in an Effort to Promote “Truth in Music”

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Pryor Cashman Litigation Partner William Charron has written an article about the constitutional infirmities with so-called “Truth In Music Acts” that have been passed by over 30 states. The article, entitled States Turn a Deaf Ear to the Constitution in an Effort to Promote “Truth in Music,” was published in the August 28, 2009 edition of the BNA Patent, Trademark & Copyright Journal and will also be available in the upcoming edition of the University of Virginia Sports & Entertainment Law Journal.

In his article, Charron examines how “Truth in Music” statutes may be read to discriminate between registered and unregistered trademarks in the field of music performance, in conflict with Section 43(a) of the federal Lanham Act and thus in violation of the Supremacy Clause, the Fourteenth Amendment’s Equal Protection Clause and the First Amendment.

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