PORTLAND (AP) – A Yarmouth jazz musician has lost an appeal of the dismissal of his lawsuit against a Japanese clothing store chain that he says stole his name.

The ruling by the 1st U.S. Circuit Court of Appeals in Boston on Tuesday was the latest legal setback for Cecil McBee, a Grammy-winning bass player.

McBee contends Delica Inc., owner of a chain of stores that sell trendy clothing to teenage girls in Japan, took his name without permission. The company contends it was sheer coincidence that its boutiques bear the same name as the musician.

His lawsuit in federal court sought to force the chain to either stop using his name or to provide him with compensation. His lawyer had suggested a formula based on a percentage of sales.

On Tuesday, the appeals court agreed with the finding by U.S. District Judge Gene Carter that the U.S. courts had no jurisdiction. McBee’s attorney said the musician was considering his options, including an appeal to the U.S. Supreme Court.

Todd Holbrook, an attorney for Delica Inc., said the outcome was fair.

“Just flip this around. How would people think about it if a Japanese citizen in Japan were to try to take action against, say, Central Maine Power Co. for doing something entirely in Maine? I think most people would find that’s something unreasonable.”

McBee is a jazz musician who has performed for four decades, playing with musicians including Benny Goodman, Miles Davis, Elvin Jones and McCoy Tyner.

He’s toured the globe many times over, to venues including the Montreux Jazz Festival in Switzerland, the Berlin Jazz Festival and the Antwerp Jazz Festival. He received a Grammy award in 1989 for his contribution to “Blues for John Coltrane.”

Cecil McBee, the store chain, first appeared in 1984, according to court documents. The chain today is one of the hottest in Japan, comparable to The Gap in the United States.

The musician had fought the company for about nine years in the Japanese court system, and in 2002, he filed the initial complaint in the U.S. court system.

Information from: Portland Press Herald, https://www.pressherald.com