Entrepreneurs
continue battle with Entrepreneur Magazine(EMI)
New news on the battle to keep entrepreneur free
Read latest artical in Washington Post about alleging of fraud by Entrepreneur Media:
"the parent company has been in the middle of some lawsuits and allegations about trying to appropriate the word "Entrepreneur", and some lawsuits have followed, including one earlier this month. A lawsuit was filed alleging that it defrauded the U.S. Patent and Trademark Office while wrangling for control of the name "Entrepreneur Expo." Some earlier controversies are here and here."
Read Scott Smith's complaint of fraud by Entrepreneur Media:
Download PDF - part 1
Download PDF - part 2
"But the company and its website have seen their fair share of controversies, including allegations of buying traffic for its website using pop-unders."
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The attacks by Entrepreneur Magazine on entrepreneurs
continues. The latest are EntrepreneursTV.com being forced
to change its name and not use the word entrepreneur, (cease
and desist
letter from EMI (pdf)) and Entrepreneur Clothing being
attacked for just applying for a trademark for their clothing.
(cease and desist letter
from EMI (pdf)). UPDATE: Entrepreneur Clothing has
lost their mark (another entrepreneur put out of business)
Entrepreneurs are fighting back. KURT M. MARKVA. has filed
a "Petition to Cancel" EMI's marks.(see
docs on PTO site) EMI is trying more
of its legal trickery to get the petition thrown out before
the facts can be heard. EMI's trickery has worked in the
past with the PTO when they got their trademarks and to
fool Federal court into stopping another entrepreneur from
using the word "Entrepreneur".
EMI claims: "Diminished Need Of The Marketplace
To Use 'Entrepreneur'." see
appeals brief page 4 (pdf format)
EMI states: "neither Smith nor others in the marketplace
need to use the word 'entrepreneur' to describe their products or services."see
appeals brief page 28 (pdf format)
Can you imagine the word "Entrepreneur" being
removed from American public use?
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"To Diminish the use of the word 'Entrepreneur'
in America, is to diminish the Greatness of America herself!"
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NEW
Question
And Answer About The Entrepreneur Trademark
Battle Click
Here
A California company is using threats and expensive litigation to prevent
others from using the word "entrepreneur". Entrepreneur
Media (EMI) has a history of
stopping many types of businesses, that help entrepreneurs,
from using the word entrepreneur. Attacks include magazines,
PR companies, websites, computer games, University newsletters,
domain owners... (see History
of Attacks) EMI claims: "… the classification system is essentially arbitrary and infringement
can occur between goods and services in different classes. Therefore, we are
not limiting our client to any particular class or type of goods or services."
-Henry M. Bissell, Attorney for Entrepreneur Media, Inc. (6/26/98)
EMI claims: "Lack Of Widespread Use
Of 'Entrepreneur' By Others" see
appeals brief page 4 (pdf format) EMI claims: domain name with word "entrepreneur" in
it infringes on their trademark - "use of domain name www.female-entrepreneur.com
is likely to cause confusion and mistake among customers" -from complaint
file against Female Entrepreneur Magazine- PDF file.
(June 16, 2004) EMI has filed an Opposition to the trademark "VIRTUAL
ENTREPRENEUR" simply
for using the word entrepreneur in their name.(read
complaint PDF file)
(Oct, 2003) Female
Entrepreneur Magazine was forced to change name. Female Entreprenuer Magazine
has now closed its doors. (read
complaint PDF file)
The problem is a Federal Judge has made a very confusing
ruling about the strength and scope of EMI's trademark
rights. This ruling makes it unclear who can use the word "entrepreneur". This
ruling may put users
of the word entrepreneur in danger of unreasonable litigation.
Although there are many companies
that use the word entrepreneur in their trade name, EMI
seems to selectively attack, usually small companies,
and intimidate them into changing their name or giving
up
their business.
Click
here to read a good article written in Forbes about
these attacks.
EMI has been very inconsistent in its
claims of how the word entrepreneur can be used.
Even the courts have put out radically different rulings.
-- A three Judge court of appeals
ruled EMI's mark
was "weak" on February 11, 2002
--
Subsequently, a lower
court ruled, on much the same evidence,
that EMI's
mark was "strong" on
June 24 2003 (an appeal is underway on this ruling)
Currently the biggest case over the word "entrepreneur"
is EMI vs. Scott Smith (dba EntrepreneurPR). EMI sued
Smith, in a battle that now spans
over
five
years, to prevent him from using the word "entrepreneur"
in the name of his PR company. Smith has not given up his
fight to use the word "entrepreneur" for himself
and for the rest of America. (see Legal
Documents)
EMI continues to threaten other companies although they
are very inconsistent in their approach. EMI has current
threats out to "Female
Entrepreneur Magazine" and "EntrepreneurBooks.com"
to name a few. Although EMI does not seem to mind the use
by "the
Entrepreneur's Source", "Entrepreneurs.com", "Minority
Business Entrepreneur Magazine" and many
others.
Why Take a Stand? -Commentary
by Ron P. Wacks from MHEA about case.
Should one company be allowed to take an important
word like "Entrepreneur" away from the American
people?
Does our trademark law allow this to happen?
Here is a good argument for Cancellation of Entrepreneur
Media, Inc.'s wordmark "entrepreneur" as a trademark
put together by EntrepreneurBooks.com READ HERE
Why Take a Stand? -Commentary
by Ron P. Wacks from MHEA about case.
Would you like to show your support in keeping
the word entrepreneur free? Contact
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