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.
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.