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Implying a famous person in a poetic/musical work?

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L

lorraineb1234

Guest
I am in Arizona

I have a customer who wrote a poem in tribute to a famous auto racer who is now deceased. The poem does not mention the persons name, only his car number.

The author wishes to record some original music, read the poem over it, and put it together on CD and cassettes for sale. It would be at first small scall production (under 1000 units), but could get larger. The album artwork would not mention the famous person, except "in memory of" and his first name only.

My question is: Is there any infringment of trademark in this instance? (The racer has trademarked his full name.) Do any agreements need to be reached with the estate of the person, or is the project OK to stand on its own?

Thank you in advance if you have any suggestions.

Lorraine
 



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