There are so many jokes to make here but this blog is above that. After a careful and close examination conducted by the Trademark Trial and Appeal Board, it has given their expert opinion and determined that the musician, Dr. Dre was unable to prevent the gynecologist, Dr. Drai from registering his trademark.
!(//www.leelawservices.com/wp-content/uploads/2018/05/ImageAgentProxy.jpeg)This case goes back a long way, so several annual exams ago, in April 2015, Dr. Draion Burch, a Pennsylvania filed a trademark registration application for his nickname, DR. DRAI. The good doctor filed for the name and the image that can be see to the right. Gotta love a medical doctor with a rapper-like nickname. Well, rapper Dr. Dre was not so crazy about this and instead of handling things the old fashioned way, he took it to trademark court. Dr. Dre, real name, Andre Young, filed an opposition to the trademark registration claiming that people were bound to confuse the two.
Basically the argument is this: would the common person, when going to see their DR. DRAI think he is affiliated with or sponsored by the musican, Dr. Dre. Seems kind of ridiculous, right? Well, the Trademark Office thought the same but it took several years to get here.
This week, the TTAB issued its decision and held that it would be very difficult for the consuming public to confuse the areas of women’s health and music even if they names do sound exactly the same. The TTAB held that although Opposer has established that his name Dr. Dre is of sufficient fame or reputation, Opposer has failed to show that a connection would be presumed in the mind of the consuming public when Applicant’s DR. DRAI marks are used in connection with its applied-for goods and services. Meaning that if Dr. Dre was an actual doctor he might have an argument but not here since the services provided by both are so different.
The DR. DRAI mark will be allowed to be registered and Dr. Dre will be left with a large invoice from his attorney.