![]() ![]() ![]() Dre album sales statistics), Genius (), IMDB (), Biography (), and All Music (). Hearsay exceptions can be quite arcane in application, so it might surprise a lay reader to learn that the TTAB can treat “newspaper story submissions dated 1997 or earlier” as admissible, while refusing to admit more recent-and relevant-stories from popular websites such as (Dr. Dre, finding that it failed to satisfy any exception to the rule against hearsay. Moreover, the TTAB refused to give weight to much of the evidence submitted by Dr. Dre provided no evidence of the volume of his sales or advertising expenditures in connection with musical sound recordings or production services. The TTAB found that “many of the facts asserted by in his brief have no evidentiary support.” Notably, Dr. Dre’s lack of success on the confusion claim. Dre’s “musical composition and production” services.Įvidentiary issues played a significant role in Dr. Drai’s “motivational and educational” speaker services were sufficiently similar to Dr. Dre failed to submit evidence showing that Dr. Drai’s services fall under the general category of “entertainment services,” Dr. More specifically, the Board found that although both Dr. Dre were outweighed by the differences in their respective goods and services. Nonetheless, the TTAB declined to find a likelihood of confusion because the factors favoring Dr. Dre’s mark is used in connection with “collateral or promotional items,” making it more likely that relevant consumers will be confused. Drai’s less sophisticated consumers may exercise “less care” in their purchases, making “confusion more likely” and (f) Dr. Dre’s mark has “achieved a degree of renown” and “is strong” (d) the parties’ trade channels “generally overlap” (e) some of Dr. Dre’s mark is inherently distinctive (c) Dr. Indeed, the decision is filled with findings favorable to Dr. Dre prevailed on six factors, with five found neutral and one ignored by the Board. What’s striking about the TTAB’s analysis of the confusion claim is that only one of the 13 du Pont factors of likely confusion favored Dr. ![]() Dre on both the confusion and false connection claims. Drai applications on three grounds: confusion, dilution, and false suggestion of a connection to him as an individual, but the dilution claim was affirmatively waived prior to final hearing. Dre’s action was not, on its face, totally surprising.ĭr. So, contrary to some of the biting online commentary that followed the TTAB’s decision, Dr. Drai applications covered Classes 9 (Computers, Software, Electronic instruments, & Scientific appliances) and 41 (Education, Amusement, Entertainment, Reproduction)-two classes in which Dr. Drai provides obstetrics and gynecological medical services, he’s also a motivational speaker, and uses his brand to promote books, make television and radio appearances, conduct Twitter chats, and participate in speaking engagements and online videos, all relating to women’s health and transgender health topics. DRAI word mark and the other for the logo form of his mark). Drai’s trademark applications (one for the DR. The answer likely lies in the goods and services covered by Dr. Dre thinking? Why did Dre-a famous rapper and headphone mogul-believe that consumers would confuse his brand with that of an OB-GYN? News of the TTAB decision caused some head-scratching on social media, wondering, what was Dr. Drai was entitled to register his trademarks. This might sound like an elaborate setup to a geeky joke, but on May 3, 2018, the Trademark Trial and Appeal Board decided a case with just those facts, holding that Dr. Dre is really famous and that his brand is strong and distinct, but ultimately rules that there’s no risk of confusion. A three-judge administrative panel decides “DR. Dre because the rapper fears there will be confusion between the names. Drai applies to register his name as a trademark and ends up in a dispute with famous rapper Dr. ![]() Stop me if you’ve heard this one before: an OB-GYN you probably don’t know named Dr. ![]()
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