Milford, MA asked in Intellectual Property and Trademark for Massachusetts

Q: Hello There is some confusion about Dizzy Gillespie.

How can Dizzy Gillespie be Trademarked by Lorraine Gillespie Trust when he is Trademarked by AL Cass Inc as a graphic design of a trumpet player. Is AL Cass Inc committing Trademark Infringement on the Lorraine Gillespie Trust who has Dizzy Gillespie Trademarked. Thank you

1 Lawyer Answer
Fritz-Howard Raymond Clapp
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  • Trademarks Lawyer
  • Beverly Hills, CA

A: The Gillespie Trust owns six active registrations for the text mark (name) DIZZY GILLESPIE, as used on valve oil, recording, mouthpieces, songbooks, trumpet polishing kits, and entertainment services.

If there is a design mark depicting the person Dizzy Gillespie, it would not infringe the registered text mark for the goods and services.

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