In this episode of trademark wars, we discuss the trademark kerfuffle between rap star Andre Young, aka Dr. Dre, and Pennsylvania gynecologist and author Dr. Draion Burch, who goes by the moniker “Dr. Drai” for his seminars and publications. The protracted battle, which began in October of 2015, was finally decided in favor of Dr. Drai, although the time for appeal of the Trademark Trial and Appeal Board (TTAB) decision is still pending, so it may yet go to Federal Court.
The Opposition (number 91224580) to Dr. Drai’s mark (Serial number 75350899) cites a number of marks owned by Dr. Dre (given name Andre Young), including DR. DRE for goods such as sound recordings; clothing; posters, art prints, and stickers; and entertainment services by a musical artist. Dr. Drai’s goods, in contrast, are for educational and entertainment services and health care consulting related to medicine.
Dr. Dre claims use back to 1981, and alleges that the issuance of the DR. DRAI mark will suggest a false association with Andre Young aka Dr. Dre; that there is a likelihood of confusion between Dr. Dre and Dr. Drai if the mark were to issue due to the goods and services of Applicant Dr. Drai being similar to those offered by Andre Young using the DR. DRE mark; and that the issuance of the DR. DRAI mark will unfairly dilute Mr. Young’s “famous” DR. DRE mark by trading on the goodwill Mr. Young has built up since 1981.
Regarding the “false association” issue, the TTAB notes in its decision that in order to show a “false suggestion of connection,” Dr. Dre must show, among other things, that his name must be so famous that when Dr. Drai uses his own name with his medical services, a connection with Dr. Dre would be presumed. The TTAB finds that while the name “Dr. Dre” is associated with Andre Young, but that Young’s trademark is not such that when used with Dr. Drai’s goods and services, people would automatically assume that some connection exists between Dr. Dre and Dr. Drai.
As to the “likelihood of confusion” issue, the TTAB notes in its decision that the marks give a similar commercial impression due to the similarities in spelling and pronunciation, and that a minor difference in spelling of the marks doesn’t distinguish them from each other, and this weighs in favor of a likelihood of confusion. They agree that while the DR. DRE mark is strong as to the music and music production services, the fact that the goods were for different sorts of “entertainment services,” namely musical composition and production versus educational and motivational speaking services, and therefore not related such that there would be a likelihood of confusion about the source of the goods and services.
The fact that the two sets of goods fell into the general category of “entertainment services” was insufficient to find that they were somehow “related.” The TTAB also noted that there was no evidence submitted that a single company offers both types of services, such that it would be reasonable for a consumer to be confused about both sets of services coming from the same source.
This case illustrates why similar-sounding names are not necessarily “confusingly similar,” and why each mark needs to be evaluated in the context of the goods and services claimed in each registration or application, and also viewed in the broader context of the marketplace and what consumers expect to see.
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Trademark Wars! Dr. Dre vs Dr. Drai posted first on https://trademarkdoctor.wordpress.com
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