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Copy of cease & desist letter from EMI to Carnegie Mellon University

July 17, 2001

Mr. S. Thomas Emerson, Director
DONALD H. JONES CENTER FOR ENTREPRENEURSHIP
Graduate School of Industrial Administration
Carnegie Mellon University
Posner Hall
Tech & Frew Streets
Pittsburgh, PA 15213-3890

Re: Trademark Infringement
Trademark: ENTREPRENEUR
(Entrepreneur Media, Inc.)

Dear Mr. Emerson:

We represent Entrepreneur Media, Inc., the publisher of the well-known ENTREPRENEUR Magazine and other publications principally focused on subjects related to the startup and operation of small businesses and also of more general interest. Our client is the owner of all rights to the mark ENTREPRENEUR in the field of printed publications in trademark Class 16, having used the mark for more than 20 years and having registered the mark under No. 1,453,968 for the listed goods in Classes 9 and 16 (see enclosed copy of registration). It also owns additional registrations for the same mark associated with advertising and business services, educational services, the conducting of seminars and the like. I would be surprised if you have not heard of our client's publications and/or services.

We have become aware of the publication of the Donald H. Jones Center for Entrepreneurship entitled "The Entrepreneur". I have copies of the Summer 2000 and Winter 2000 issues.

We consider this publication with its "The Entrepreneur" title to be a flagrant infringement of our client's trademark rights. The marks are identical and the goods fall in the same class: publications. Likelihood of confusion is inescapable.

Therefore, we respectfully request that you immediately cease and desist from any further use of the mark ENTREPRENEUR on publications or in any way which may present a likelihood of confusion with our client's registered trademark.

My brief review of the two issues of "The Entrepreneur" has not turned up any other infringing uses of our client's mark. Therefore, it should be a very simple matter to avoid further infringement by simply changing the title of the publication.

May I please have a reply to this letter at your earliest convenience, indicating your willingness to comply with my request.

Sincerely,

Henry M. Bissell

BISSELL & BISSELL
Patent Lawyers

Henry M. Bissell
Henry M. Bissell, IV

6820 La Tijera Boulevard, Suite 106
Los Angeles, California 90045-1991

Telephone (310) 645-1088
Facsimile (310) 645-5531

 



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