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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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