Entrepreneur Magazine Sued For Allegedly 'Defrauding' The Trademark Office
from the longshots dept
In the past, we've covered the rather despicable actions of Entrepreneur Magazine, acting as a trademark bully and going after real entrepreneurs for using the word "entrepreneur" in various ways. It seems counter to the magazine's mission of celebrating entrepreneurs to sue others making use of the word. Unfortunately, Entrepreneur Magazine has actually been somewhat successful in many of these lawsuits. Scott Smith, who has been in a decade-and-a-half-long tussle with Entrepreneur Magazine, has recently added a new legal effort to the long history between them: he's suing Entrepreneur Magazine for supposed "fraud" on the trademark office. Among the claims Smith is making:- April 1999: EMI filed sworn documents with the PTO claiming that it was currently using the Entrepreneur Expo name, even though EMI ceased doing so several years earlier.
- February 2006: EMI submitted a staged photo to deceive the PTO into believing that EMI was still using the name Entrepreneur Expo. The photo was staged by tricking EMI's then editor to pose in front of a low-budget sign that read, "Welcome to Entrepreneur Expo."
- December 2003 and August 2006: EMI tried to cover up its fraudulent activities by filing new Entrepreneur Expo trademark applications, but eventually abandoned those efforts.
- November 2006: EMI submitted the same marketing piece it had previously submitted in May 1999, to deceive the PTO into believing that EMI was still using its "small business expo" trademark. But Scott discovered that EMI goofed-up by leaving its old address – for an office EMI had moved out of by at least February 2000 – exposed.
- November 2010: EMI submitted sworn documents claiming that it was currently using the Entrepreneur Expo name. EMI deceived the PTO by slapping an Entrepreneur EXPO logo onto its Facebook page for its 2011 Growth Conference.
- May 2011: EMI deliberately failed to renew its "small business expo" trademark to escape Scott's fraud claims and avoid judgment.
That said, beyond the ongoing oddness of Entrepreneur Magazine suing an entrepreneur, it's difficult to see how "entrepreneur expo" isn't a generic term. Doing a quick Google search turns up a ton of examples of the phrase "entrepreneur expo," with most of them not appearing to be associated with Entrepreneur Magazine at all. Smith also claims that the magazine itself has not been using the mark.
Given the history here, it seems like Smith has a pretty big hill to climb to convince a court of this one, but even if that's the case, the whole thing just looks bad for Entrepreneur Magazine. There certainly is a lot of focus on trademarks these days, but that doesn't mean it's a good idea to go after actual entrepreneurs.
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Filed Under: entrepreneur magazine, trademark
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A for effort, F for execution
Smith isn't doing anyone any favors by filing his suit pro se, either. Every victory gives EMI favorable precedence it can use in the future.
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Re:
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Locking up a generic term like entrepreneur is pretty ridiculous, but is there an entity with enough clout to counter it? One guy on his own, particularly one without proper legal support, doesn't stand much of a chance (although good luck to him).
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pro se litigants, personal and anonymous attacks
For the record, I filed "pro se" because like probably 99% of all individuals and small biz owners, I cannot afford $250,000 or more for a law firm. Also beware of Entrepreneur magazine shills abusing Techdirt's reader comments system with hate-filled rants and personal attacks that will be anonymously posted or using fake names (ironically, Entrepreneur magazine was started by a convicted bank robber using one of his numerous fake names!). People under the intense pressure of trying to cover-up years of blatantly defrauding a federal agency can get very desperate and angry. What you won't see from these shills is credible proof that Entrepreneur magazine ever produced any of their so-called "Entrepreneur Expo" or "small business expo" events during the time-frame in question, and possibly not since the 1990s.
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He is the one who is deperate, frustrated and angry. Entrepreneur bought him to Debtor's Court to try to enfore their non-dischargable judgement for willfully, intentionally and deliberately infringing on their trademark.
For the record what is his record of being an entrepreneur?
He hasn't done anything in over 14 years but file lawsuits and go to court.
And I also agree with the standing comment. Just like he keeps hanging his hat on some $10 million sanction against EMI that was never actually brought about. He thinks he would get that money even if it was enforced.LOL!
What will Scott Smith bloviate about next? Oh, I know. We are all shills for Entrepreneur. Facts be damned.
Get a real job Mr. Smith.
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He is going to have a tough time arguing he is the aggrieved party when he was found guilty of willful infringement against the defendent.
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But that's just Scott Smith who's been a lifelong entrepreneur. A used car lot. How avant-garde! And look how that idea has caught on. You should have patented it Scott.
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http://think-entrepreneurial.blogspot.com/
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SCOTT SMITH DEBTOR EXAM
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SCOTT SMITH DEBTOR EXAM APRIL 17, 2013
Oh well, you can't SQUEEZE BLOOD from a deadbeat.com
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SMITH LAWSUIT DISMISSED
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Credit where credit is due
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Entrepreneur Mag going after Entrepreneur domain names now
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SMITH IS A MASSIVE FRAUD
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SCOTT SMITH LAZY DEADBEAT
His "sperm donor" would be proud if he was alive and sober.
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