This month, the United States Patent and Trademark Office ended a legal battle between Dr. Dre and a practicing doctor. Back in 2015, Dr. Draion M. Burch filed trademark applications for the marks “Dr. Drai” and “Doctor Drai OBGYN and Media Personality” in connection with “educational and entertainment services.” The Pennsylvania-based gynecologist’s intent was to use this brand on audio books and seminars. Indeed, Burch hosts webinars and sex education classes for adults and teenagers. Dr. Dre, the stage name of rapper and producer Andre Young, instituted this opposition proceeding based on the similar appearance and pronunciation of the names. To prove trademark infringement, Dr. Dre needed to demonstrate there existed a likelihood of confusion as to the source of the goods or services, that is, consumers were likely to believe an association existed between the respective parties’ goods and services. Burch argued that he was merely using his name, a name that he actually earned the right to be called by virtue of his graduation from medical school. As a result, he further argued consumers were unlikely to be confused because Dr. Dre the rapper is not a medical doctor nor is he qualified to provide any medical services. Moreover, Burch disclaimed any interest in trading off the hip-hop mogul’s goodwill as he believes such association was more likely to harm his practice due to certain lyrics featuring misogynistic or homophobic messages. #omnilegalgroup #trademark #DrDre #DrDrai
May 16, 2018