9 Va. Sports & Ent. L.J. 1 (2009)
States Turn a Deaf Ear to the Constitution in an Effort to Promote Truth in Music

handle is hein.journals/virspelj9 and id is 3 raw text is: Artice
States Turn a Deaf Ear to the Constitution in
an Effort to Promote Truth in Music
William L. Charron*
Introduction  .............................................................................................. . .   2
I.   The  Truth  In  M usic  A ct  .......................................................................  4
II.  The  Federal Lanham   Act .....................................................................  6
A. The Lanham Act Preempts Inconsistent State Laws, Pursuant
to the Supremacy Clause of the U.S. Constitution ..................... 8
III. The Truth In Music Act's Distinction Between Performers and
Non-Performers as Potential Trademark Owners Is Invalid Under
the Supremacy Clause of the U.S. Constitution ................................... 9
IV. The Truth In Music Act's Distinction Between Registered and
Unregistered Trademarks Is Invalid Under the Supremacy Clause ....... 11
V. The Distinction Between Registered and Unregistered Trademarks
Created by the Truth In Music Act Violates the Equal Protection
C lau se  ................................................................................................ ..  12
VI. The Truth In Music Act's Requirement That Unregistered
Trademark Holders Identify Their Groups As Tribute Or
Salute Groups Violates The First Amendment .................... 15
VII. Exception (e) To The Truth In Music Act Saves The Act, But
Also Renders It Superfluous In Light Of Section 43(a)(1) Of The
L anham   A ct .........................................................................................  16
William Charron is a partner at Pryor Cashman LLP in New York City. His practice areas include
litigation, intellectual property, and entertainment. He also currently serves as an adjunct professor of
appellate advocacy and legal writing at Columbia Law School. Mr. Charron is a magna cum laude
graduate of Colby College and a graduate of University of Virginia School of Law.

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