BUSINESS AND COMMERCE CODE


TITLE 10. USE OF TELECOMMUNICATIONS


SUBTITLE B. ELECTRONIC COMMUNICATIONS


CHAPTER 327. INTERNET WEBSITE DOMAIN NAMES FOR TICKET SELLERS


Sec. 327.001. DEFINITIONS. In this chapter:

(1) "Internet domain name" means a globally unique, hierarchical reference to an Internet host or service that is:

(A) assigned through a centralized Internet naming authority; and

(B) composed of a series of character strings separated by periods with the right-most string specifying the top of the hierarchy.

(2) "Performer" means an individual, team, group, or other person that entertains an audience.

(3) "Ticket website" means an Internet website or mobile application advertising or offering the sale of tickets, or offering tickets for resale, to an event in this state.

(4) "URL" means the uniform resource locator address for an Internet website that may include the website's Internet domain name or a subdomain of the Internet domain name.

(5) "Venue" means an arena, stadium, theater, concert hall, or other place used for events such as exhibitions, sporting events, concerts, or other live entertainment events.

(6) "Website operator" means a person who owns, operates, manages, licenses, or controls a ticket website for an event scheduled at a venue in this state.

Added by Acts 2019, 86th Leg., R.S., Ch. 1348 (S.B. 2409), Sec. 1, eff. September 1, 2019.

Sec. 327.002. TICKET WEBSITE DOMAIN NAME RESTRICTED. (a) Except as provided by Subsection (b), a website operator may not intentionally use an Internet domain name, or any subdomain of the Internet domain name, in a ticket website's URL that contains any of the following:

(1) the name of:

(A) a performer;

(B) an organization or association that is associated with a performer, such as a professional sports league;

(C) a venue in this state; or

(D) an exhibition, performance, or other event to be held at a venue in this state;

(2) a trademark not owned by the website operator, including a trademark owned by an authorized agent or partner of the venue or event; or

(3) any name substantially similar to a name described by Subdivision (1), including a misspelling of the name.

(b) Subsection (a) does not apply to a website operator who is authorized by a performer, organization, venue, or event's organizer to use the name or trademark on the performer's, organization's, venue's, or event's behalf for the purpose of selling or reselling tickets.

Added by Acts 2019, 86th Leg., R.S., Ch. 1348 (S.B. 2409), Sec. 1, eff. September 1, 2019.

Sec. 327.003. DECEPTIVE TRADE PRACTICE. A violation of this chapter is a deceptive trade practice under Subchapter E, Chapter 17, and is actionable under that subchapter.

Added by Acts 2019, 86th Leg., R.S., Ch. 1348 (S.B. 2409), Sec. 1, eff. September 1, 2019.