Breaking News! On 10/28/2015, Andre Young (Dr. Dre) filed trademark oppositions against Dr. Drai, OBGYN. Dr. Dre opposed the registration of Dr. Drai’s marks for 1) likelihood of confusion and 2) a false suggestion of connection. On May 3, 2018, the Trademark Trial and Appeal Board (TTAB) at the USPTO DISMISSED Dr. Dre’s claims and Dr. Drai’s trademarks will proceed to registration.
Represented by The Law Firm of Andrea Hence Evans, LLC, Dr. Drai filed two trademark applications, Dr. Drai and Dr. Drai and design for primarily medical, educational and entertainment services.
Dr. Dre argued that his trademark was “strong” but the TTAB noted that most of the articles he provided as evidence were either hearsay or did not feature stories about Dr. Dre’s brand or his goods or services, but simply mentioned him in a larger context. Dr. Dre argued that Dr. Drai’s educational and entertainment services were related because consumers would perceive that the services Dr. Drai provides are related to musical composition and production services in entertainment.
The Board noted that the Dr. Dre mark is strong in the music field; however, the music services of Dr. Dre were not related to Dr. Drai’s services such that there would be a likelihood of confusion.
Regarding the false connection argument, the Board questioned whether Dr. Dre’s reputation as a musician and producer is of such a nature that when the Dr. Drai marks are used in connection with its goods and services consumers would understand the goods and services to refer to Dr. Dre. The Board ruled that there is no evidence to establish that Dr. Dre’s music reputation is such a nature that a connection with Dr. Drai’s medical services would be presumed.
In response to receiving a cease and desist letter, Dr. Drai testified, “I was just appalled how someone would think that I wanted to be them and I actually went to medical school. … I was hurt that someone was attacking me in my position as being a doctor. And I earned the right to be a physician.”
Represented by The Law Firm of Andrea Hence Evans, LLC, Attorney Andrea Evans commented, “I am proud to represent Dr. Drai and even prouder that he did not back down when Dr. Dre pursued these oppositions. We stood by our client who simply created the Dr. Drai brand because Drai is his nickname and he is an actual medical doctor.”
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CLICK HERE to read an article written by the Make 48 team where they interviewed me about patents and trademarks! Enjoy.
Andrea Evans, owner of The Law Firm of Andrea Hence Evans, was recently interviewed by Dean Rotbart for his weekly podcast, Monday Morning Radio! The podcast features savvy small business owners and experts.
Andrea Hence Evans advises listeners how to create and protect all manner of intellectual property rights. Want to know if your idea is patentable or if your existing IP rights can withstand a challenge?
Join me at Mount St. Mary’s University on March 15th! I can’t wait to share my entrepreneurship journey and provide valuable details to students and staff about intellectual property. See you all soon!
Kudos to you for contacting an intellectual property attorney to protect your patents, trademarks and copyrights! You’ve gone to Google but thank goodness you recognize that Google is not your lawyer. You’re ready to hire a professional!!
Here’s what you can expect during a consultation:
First, expect a confidential relationship between yourself and the attorney. Scheduling a formal consultation, allows you to establish an attorney-client relationship with an attorney. The attorney is required to keep the information presented confidential so don’t waste time asking your attorney to sign a confidentiality or non-compete agreement.
General Answers to your IP Questions
For the sake of the limited time available for a consultation, it’s great to submit a list of your questions to the attorney prior to the scheduled consultation. This will give the attorney an opportunity to meet your expectations and provide you with answers or provide you with more details of what’s necessary to retain the Firm to resolve any issues that may require additional time.
Waiting to schedule a consultation may jeopardize your rights. Don’t wait! You’ll feel so much better about understanding your options fully and you will know what’s required to protect or enforce your intellectual property!
Are you READY?
Enjoy Attorney Andrea Evans Interview at the Momentum in Medicine Conference hosted by Dr. Drai in Atlanta, GA!
Did you know Attorney Evans can rap??