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Dr. Dre loses trademark battle with Doctor Drai

Andre Young, better known as hip-hop star Dr. Dre of NWA fame and then the mastermind of Beats By Dre Headphones lost his opposition to the registration application of a gynecologist, dubbed, Doctor Drai.

(via Wikipedia)

Draion M. Burch is a board certified osteopathic doctor and OB/GYN that goes by the nickname, “Drai.”  Dr. Drai provides medical services and speaking services on women’s health and transgender health.  He’s authored books and made media appearances using the Dr. Drai nickname.  The hip-hop mogul filed the opposition based on likelihood of confusion based on the names as Dr. Drai wanted to sell audio books and seminars and Dr. Dre believed that this would be confusing to consumers since his music is normally found via audio sources.

The USPTO decided that despite the similarities in name, the two marks were different.  Dr. Dre failed to show that a connection would be presumed in the mind of the consuming public when Dr. Drai marks are used in connection with its applied-for goods and services.  Based on the physician’s typical fee for speaking engagements, the consumer would exercise a “higher degree of care” than a casual purchaser.  In addition, the physician argued that because Andre Young is not an actual medical doctor nor is he qualified to provide any type of medical services or sell products, there would be no confusion with customers.

While there are entities that have filed marks with the intent of having broad protection of their brand, here’s an example of a celebrity mark holder that lost in his attempts to protect a name that is similar in nature.  According to the opinion, the two marks have no bearing with one another and it is unlikely that consumers would be confused.  In some instances, the USPTO defers to the mark holders, but we see here that the USPTO sides with the applicant/physician in rationalizing that consumers would take a “higher degree of care” due to the physician’s specific audience and pricey appearance fees.  This would appear to be a factual determination that was successfully argued by the applicant.

Beast Mode Soccer denied by Lynch’s registered Mark

 Marshawn Lynch’s Beast Mode trademark was challenged by an applicant seeking to use “Beast Mode Soccer” for soccer clothing.  The USPTO denied the appeal filed by the applicant.

“Beast Mode” is the nickname of Oakland Raiders Running Back Marshawn Lynch.  His mark is registered with the USPTO.  Although there are other registered marks with “Beast Mode” in them, they are for different products or services that Lynch’s mark which is for clothing.

The applicant sought to register “BEAST MODE SOCCER” for “T-shirts” in International Class 25 and “sporting goods and equipment for soccer training, namely, balls” in International Class 28.  He had been using the mark for approximately 5 years.  Lynch’s registered mark “BEAST MODE” for International Class 25 goods is for “T-shirts”; and for “Men’s, women’s and children’s clothing, namely, shirts, sweatshirts; headwear, namely, hats, caps.”

The USPOT denied the appeal citing Likelihood of Confusion with Lynch’s registered marks.  The opinion noted the overlap between the applicant’s mark and the registered mark with respect to t-shirts.  It also notes that the two marks could feasibly be in the same trade channels which could lead to a likelihood of confusion.

The applicant argues that Lynch’s mark has nothing to do with soccer and is simply the running back’s nickname:

Registrant’s mark contains absolutely no association with soccer, because Registrant is not associated with soccer, only football. It is extremely rare for high caliber athletes to switch sports or become famous for playing multiple sports. In other words, Babe Ruth is known as a baseball player, Michael Jordan is known as a basketball player, and Tiger Woods is known as a golfer. The word “soccer” does not conjure any of these athletes to mind. In a similar vein, Applicant’s mark BEAST MODE SOCCER does not have any association with Registrant Marshawn Lynch.

While persuasive, the USPTO notes that this assumes that Lynch’s nickname is widely known.  The opinion argues that there are multiple meanings for “beast mode.”  The allegation ignores the broad protection that Lynch’s mark has which include soccer retailers.  Despite any limitation (here soccer) the registrant’s goods and trade channels were identical.

Another argument by applicant that Lynch’s mark is weak did not persuade the USPTO despite third party uses and registrations.  Most registered marks did not identify clothing as use for its mark.   Finally, even with the argument that there has been no actual confusion in its use of “BEAST MODE SOCCER” the USPTO did not find this a viable argument.

The opinion reflects the importance of registering a mark as another entity may have the ability to foreclose the opportunity for usage of a mark even when it may not travel in the same trade channels or stream of commerce.

Beast Mode Soccer is trademarked by the USPTO for “coaching services.”