Amended IN Senate May 17, 2019 Amended IN Senate May 06, 2019 Amended IN Senate March 27, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 342Introduced by Senator HertzbergFebruary 19, 2019An act to add Section 17500.10 to the Business and Professions Code, relating to business.LEGISLATIVE COUNSEL'S DIGESTSB 342, as amended, Hertzberg. Misleading advertising: ticket websites.Existing law, the Consumers Legal Remedies Act, prohibits the misrepresentation of the source, sponsorship, approval, or certification of goods or services by a person in a transaction intended to result or that actually results in the sale of goods or services to a consumer. The act further prohibits the misrepresentation of the affiliation, connection, or association with another by a person in a transaction intended to result or that results in the sale of goods or services to a consumer. Existing law makes it unlawful for a person, corporation, or association, or any employee of a corporation or association, to engage in advertising practices conducted by specified means of dissemination or publication, including over the internet, if a statement is made or disseminated that is untrue or misleading, and which by the exercise of reasonable care should be known to be untrue or misleading. Existing federal law, the Lanham Act, governs the registration and use of trademarks, including by prohibiting infringement of registered trademarks and providing specified defenses to an accusation of trademark infringement.This bill would prohibit a ticket website operator, as defined, from including in a manner that is false, deceptive, or misleading the name or trademark of a specific professional or collegiate team, professional or collegiate league, theme or amusement park, or venue where live entertainment events are held, in the uniform resource locator (URL) of a ticket website, as defined. Under the bill, the prohibitions would not apply to a ticket website operator who acts with the consent of an authorized agent of the team, league, park, venue, or event, as specified. The bill would create a private civil right of action for a violation of these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 17500.10 is added to the Business and Professions Code, to read:17500.10. (a) For purposes of this section:(1) Ticket website means an internet website or mobile application that advertises the sale or resale of tickets or offers the sale or resale of tickets.(2) Ticket website operator means a person who owns, operates, manages, licenses, or controls a ticket website.(3) URL means the uniform resource locator for an internet website, which may include both a domain name and subdomain names.(b) A ticket website operator shall not use a subdomain or domain name in a ticket websites URL that contains any of the names or trademarks described in subdivision (c) if the name or trademark described in subdivision (c) is used in a manner that is false, deceptive, or misleading.(c) Subdivision (b) applies to all of the following:(1) The name of a specific professional or collegiate sports team, professional or collegiate sports league, theme or amusement park, or venue where concerts, sports, or other live entertainment events are held.(2) The name of a specific event, performance, or exhibition, including the name of a person, professional or collegiate team, performance, group, or entity scheduled to perform or appear at that event.(3) A trademark not owned by the website operator, including, but not limited to, a trademark owned by authorized agents or partners of the venue or event identified pursuant to paragraph (1) or (2).(4) A trademark or name substantially similar to those referred to in this subdivision, including, but not limited to, a misspelling of a trademark or name referred to in paragraph (1), (2), or (3).(d) Subdivision (b) does not apply to a ticket website operator who acts with the consent of an authorized agent of the team, league, park, venue, or event with a name or trademark covered by subdivision (c).(e) A party that is directly harmed by a violation of this section may bring an action against the ticket website operator that has violated this section seeking actual, consequential, and punitive damages and shall be awarded reasonable attorneys fees if the action is resolved in the partys favor.
Amended IN Senate May 17, 2019 Amended IN Senate May 06, 2019 Amended IN Senate March 27, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 342Introduced by Senator HertzbergFebruary 19, 2019An act to add Section 17500.10 to the Business and Professions Code, relating to business.LEGISLATIVE COUNSEL'S DIGESTSB 342, as amended, Hertzberg. Misleading advertising: ticket websites.Existing law, the Consumers Legal Remedies Act, prohibits the misrepresentation of the source, sponsorship, approval, or certification of goods or services by a person in a transaction intended to result or that actually results in the sale of goods or services to a consumer. The act further prohibits the misrepresentation of the affiliation, connection, or association with another by a person in a transaction intended to result or that results in the sale of goods or services to a consumer. Existing law makes it unlawful for a person, corporation, or association, or any employee of a corporation or association, to engage in advertising practices conducted by specified means of dissemination or publication, including over the internet, if a statement is made or disseminated that is untrue or misleading, and which by the exercise of reasonable care should be known to be untrue or misleading. Existing federal law, the Lanham Act, governs the registration and use of trademarks, including by prohibiting infringement of registered trademarks and providing specified defenses to an accusation of trademark infringement.This bill would prohibit a ticket website operator, as defined, from including in a manner that is false, deceptive, or misleading the name or trademark of a specific professional or collegiate team, professional or collegiate league, theme or amusement park, or venue where live entertainment events are held, in the uniform resource locator (URL) of a ticket website, as defined. Under the bill, the prohibitions would not apply to a ticket website operator who acts with the consent of an authorized agent of the team, league, park, venue, or event, as specified. The bill would create a private civil right of action for a violation of these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate May 17, 2019 Amended IN Senate May 06, 2019 Amended IN Senate March 27, 2019
Amended IN Senate May 17, 2019
Amended IN Senate May 06, 2019
Amended IN Senate March 27, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill No. 342
Introduced by Senator HertzbergFebruary 19, 2019
Introduced by Senator Hertzberg
February 19, 2019
An act to add Section 17500.10 to the Business and Professions Code, relating to business.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 342, as amended, Hertzberg. Misleading advertising: ticket websites.
Existing law, the Consumers Legal Remedies Act, prohibits the misrepresentation of the source, sponsorship, approval, or certification of goods or services by a person in a transaction intended to result or that actually results in the sale of goods or services to a consumer. The act further prohibits the misrepresentation of the affiliation, connection, or association with another by a person in a transaction intended to result or that results in the sale of goods or services to a consumer. Existing law makes it unlawful for a person, corporation, or association, or any employee of a corporation or association, to engage in advertising practices conducted by specified means of dissemination or publication, including over the internet, if a statement is made or disseminated that is untrue or misleading, and which by the exercise of reasonable care should be known to be untrue or misleading. Existing federal law, the Lanham Act, governs the registration and use of trademarks, including by prohibiting infringement of registered trademarks and providing specified defenses to an accusation of trademark infringement.This bill would prohibit a ticket website operator, as defined, from including in a manner that is false, deceptive, or misleading the name or trademark of a specific professional or collegiate team, professional or collegiate league, theme or amusement park, or venue where live entertainment events are held, in the uniform resource locator (URL) of a ticket website, as defined. Under the bill, the prohibitions would not apply to a ticket website operator who acts with the consent of an authorized agent of the team, league, park, venue, or event, as specified. The bill would create a private civil right of action for a violation of these provisions.
Existing law, the Consumers Legal Remedies Act, prohibits the misrepresentation of the source, sponsorship, approval, or certification of goods or services by a person in a transaction intended to result or that actually results in the sale of goods or services to a consumer. The act further prohibits the misrepresentation of the affiliation, connection, or association with another by a person in a transaction intended to result or that results in the sale of goods or services to a consumer.
Existing law makes it unlawful for a person, corporation, or association, or any employee of a corporation or association, to engage in advertising practices conducted by specified means of dissemination or publication, including over the internet, if a statement is made or disseminated that is untrue or misleading, and which by the exercise of reasonable care should be known to be untrue or misleading.
Existing federal law, the Lanham Act, governs the registration and use of trademarks, including by prohibiting infringement of registered trademarks and providing specified defenses to an accusation of trademark infringement.
This bill would prohibit a ticket website operator, as defined, from including in a manner that is false, deceptive, or misleading the name or trademark of a specific professional or collegiate team, professional or collegiate league, theme or amusement park, or venue where live entertainment events are held, in the uniform resource locator (URL) of a ticket website, as defined. Under the bill, the prohibitions would not apply to a ticket website operator who acts with the consent of an authorized agent of the team, league, park, venue, or event, as specified. The bill would create a private civil right of action for a violation of these provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 17500.10 is added to the Business and Professions Code, to read:17500.10. (a) For purposes of this section:(1) Ticket website means an internet website or mobile application that advertises the sale or resale of tickets or offers the sale or resale of tickets.(2) Ticket website operator means a person who owns, operates, manages, licenses, or controls a ticket website.(3) URL means the uniform resource locator for an internet website, which may include both a domain name and subdomain names.(b) A ticket website operator shall not use a subdomain or domain name in a ticket websites URL that contains any of the names or trademarks described in subdivision (c) if the name or trademark described in subdivision (c) is used in a manner that is false, deceptive, or misleading.(c) Subdivision (b) applies to all of the following:(1) The name of a specific professional or collegiate sports team, professional or collegiate sports league, theme or amusement park, or venue where concerts, sports, or other live entertainment events are held.(2) The name of a specific event, performance, or exhibition, including the name of a person, professional or collegiate team, performance, group, or entity scheduled to perform or appear at that event.(3) A trademark not owned by the website operator, including, but not limited to, a trademark owned by authorized agents or partners of the venue or event identified pursuant to paragraph (1) or (2).(4) A trademark or name substantially similar to those referred to in this subdivision, including, but not limited to, a misspelling of a trademark or name referred to in paragraph (1), (2), or (3).(d) Subdivision (b) does not apply to a ticket website operator who acts with the consent of an authorized agent of the team, league, park, venue, or event with a name or trademark covered by subdivision (c).(e) A party that is directly harmed by a violation of this section may bring an action against the ticket website operator that has violated this section seeking actual, consequential, and punitive damages and shall be awarded reasonable attorneys fees if the action is resolved in the partys favor.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 17500.10 is added to the Business and Professions Code, to read:17500.10. (a) For purposes of this section:(1) Ticket website means an internet website or mobile application that advertises the sale or resale of tickets or offers the sale or resale of tickets.(2) Ticket website operator means a person who owns, operates, manages, licenses, or controls a ticket website.(3) URL means the uniform resource locator for an internet website, which may include both a domain name and subdomain names.(b) A ticket website operator shall not use a subdomain or domain name in a ticket websites URL that contains any of the names or trademarks described in subdivision (c) if the name or trademark described in subdivision (c) is used in a manner that is false, deceptive, or misleading.(c) Subdivision (b) applies to all of the following:(1) The name of a specific professional or collegiate sports team, professional or collegiate sports league, theme or amusement park, or venue where concerts, sports, or other live entertainment events are held.(2) The name of a specific event, performance, or exhibition, including the name of a person, professional or collegiate team, performance, group, or entity scheduled to perform or appear at that event.(3) A trademark not owned by the website operator, including, but not limited to, a trademark owned by authorized agents or partners of the venue or event identified pursuant to paragraph (1) or (2).(4) A trademark or name substantially similar to those referred to in this subdivision, including, but not limited to, a misspelling of a trademark or name referred to in paragraph (1), (2), or (3).(d) Subdivision (b) does not apply to a ticket website operator who acts with the consent of an authorized agent of the team, league, park, venue, or event with a name or trademark covered by subdivision (c).(e) A party that is directly harmed by a violation of this section may bring an action against the ticket website operator that has violated this section seeking actual, consequential, and punitive damages and shall be awarded reasonable attorneys fees if the action is resolved in the partys favor.
SECTION 1. Section 17500.10 is added to the Business and Professions Code, to read:
### SECTION 1.
17500.10. (a) For purposes of this section:(1) Ticket website means an internet website or mobile application that advertises the sale or resale of tickets or offers the sale or resale of tickets.(2) Ticket website operator means a person who owns, operates, manages, licenses, or controls a ticket website.(3) URL means the uniform resource locator for an internet website, which may include both a domain name and subdomain names.(b) A ticket website operator shall not use a subdomain or domain name in a ticket websites URL that contains any of the names or trademarks described in subdivision (c) if the name or trademark described in subdivision (c) is used in a manner that is false, deceptive, or misleading.(c) Subdivision (b) applies to all of the following:(1) The name of a specific professional or collegiate sports team, professional or collegiate sports league, theme or amusement park, or venue where concerts, sports, or other live entertainment events are held.(2) The name of a specific event, performance, or exhibition, including the name of a person, professional or collegiate team, performance, group, or entity scheduled to perform or appear at that event.(3) A trademark not owned by the website operator, including, but not limited to, a trademark owned by authorized agents or partners of the venue or event identified pursuant to paragraph (1) or (2).(4) A trademark or name substantially similar to those referred to in this subdivision, including, but not limited to, a misspelling of a trademark or name referred to in paragraph (1), (2), or (3).(d) Subdivision (b) does not apply to a ticket website operator who acts with the consent of an authorized agent of the team, league, park, venue, or event with a name or trademark covered by subdivision (c).(e) A party that is directly harmed by a violation of this section may bring an action against the ticket website operator that has violated this section seeking actual, consequential, and punitive damages and shall be awarded reasonable attorneys fees if the action is resolved in the partys favor.
17500.10. (a) For purposes of this section:(1) Ticket website means an internet website or mobile application that advertises the sale or resale of tickets or offers the sale or resale of tickets.(2) Ticket website operator means a person who owns, operates, manages, licenses, or controls a ticket website.(3) URL means the uniform resource locator for an internet website, which may include both a domain name and subdomain names.(b) A ticket website operator shall not use a subdomain or domain name in a ticket websites URL that contains any of the names or trademarks described in subdivision (c) if the name or trademark described in subdivision (c) is used in a manner that is false, deceptive, or misleading.(c) Subdivision (b) applies to all of the following:(1) The name of a specific professional or collegiate sports team, professional or collegiate sports league, theme or amusement park, or venue where concerts, sports, or other live entertainment events are held.(2) The name of a specific event, performance, or exhibition, including the name of a person, professional or collegiate team, performance, group, or entity scheduled to perform or appear at that event.(3) A trademark not owned by the website operator, including, but not limited to, a trademark owned by authorized agents or partners of the venue or event identified pursuant to paragraph (1) or (2).(4) A trademark or name substantially similar to those referred to in this subdivision, including, but not limited to, a misspelling of a trademark or name referred to in paragraph (1), (2), or (3).(d) Subdivision (b) does not apply to a ticket website operator who acts with the consent of an authorized agent of the team, league, park, venue, or event with a name or trademark covered by subdivision (c).(e) A party that is directly harmed by a violation of this section may bring an action against the ticket website operator that has violated this section seeking actual, consequential, and punitive damages and shall be awarded reasonable attorneys fees if the action is resolved in the partys favor.
17500.10. (a) For purposes of this section:(1) Ticket website means an internet website or mobile application that advertises the sale or resale of tickets or offers the sale or resale of tickets.(2) Ticket website operator means a person who owns, operates, manages, licenses, or controls a ticket website.(3) URL means the uniform resource locator for an internet website, which may include both a domain name and subdomain names.(b) A ticket website operator shall not use a subdomain or domain name in a ticket websites URL that contains any of the names or trademarks described in subdivision (c) if the name or trademark described in subdivision (c) is used in a manner that is false, deceptive, or misleading.(c) Subdivision (b) applies to all of the following:(1) The name of a specific professional or collegiate sports team, professional or collegiate sports league, theme or amusement park, or venue where concerts, sports, or other live entertainment events are held.(2) The name of a specific event, performance, or exhibition, including the name of a person, professional or collegiate team, performance, group, or entity scheduled to perform or appear at that event.(3) A trademark not owned by the website operator, including, but not limited to, a trademark owned by authorized agents or partners of the venue or event identified pursuant to paragraph (1) or (2).(4) A trademark or name substantially similar to those referred to in this subdivision, including, but not limited to, a misspelling of a trademark or name referred to in paragraph (1), (2), or (3).(d) Subdivision (b) does not apply to a ticket website operator who acts with the consent of an authorized agent of the team, league, park, venue, or event with a name or trademark covered by subdivision (c).(e) A party that is directly harmed by a violation of this section may bring an action against the ticket website operator that has violated this section seeking actual, consequential, and punitive damages and shall be awarded reasonable attorneys fees if the action is resolved in the partys favor.
17500.10. (a) For purposes of this section:
(1) Ticket website means an internet website or mobile application that advertises the sale or resale of tickets or offers the sale or resale of tickets.
(2) Ticket website operator means a person who owns, operates, manages, licenses, or controls a ticket website.
(3) URL means the uniform resource locator for an internet website, which may include both a domain name and subdomain names.
(b) A ticket website operator shall not use a subdomain or domain name in a ticket websites URL that contains any of the names or trademarks described in subdivision (c) if the name or trademark described in subdivision (c) is used in a manner that is false, deceptive, or misleading.
(c) Subdivision (b) applies to all of the following:
(1) The name of a specific professional or collegiate sports team, professional or collegiate sports league, theme or amusement park, or venue where concerts, sports, or other live entertainment events are held.
(2) The name of a specific event, performance, or exhibition, including the name of a person, professional or collegiate team, performance, group, or entity scheduled to perform or appear at that event.
(3) A trademark not owned by the website operator, including, but not limited to, a trademark owned by authorized agents or partners of the venue or event identified pursuant to paragraph (1) or (2).
(4) A trademark or name substantially similar to those referred to in this subdivision, including, but not limited to, a misspelling of a trademark or name referred to in paragraph (1), (2), or (3).
(d) Subdivision (b) does not apply to a ticket website operator who acts with the consent of an authorized agent of the team, league, park, venue, or event with a name or trademark covered by subdivision (c).
(e) A party that is directly harmed by a violation of this section may bring an action against the ticket website operator that has violated this section seeking actual, consequential, and punitive damages and shall be awarded reasonable attorneys fees if the action is resolved in the partys favor.