Entrepreneurs Assembly, Inc. Caught in Crosshairs of Entrepreneur Magazine's Trademark War

Entrepreneurs Assembly (EA), a Reno-based 501(c)(3) nonprofit organization that mentors and advises entrepreneurs, was unable to defend itself against the trademark claims of Orange County-based Entrepreneur Media, Inc. (EMI), publisher of Entrepreneur magazine.

Since EMI's founding in the 1970s, its owners have been obsessed with monopolizing the generic dictionary term "entrepreneur" (EMI is currently controlled by CEO Peter Shea, but was started by Chase Revel using one of his numerous aliases to hide his given name, John Leonard Burke, because he was a convicted bank robber and serial con artist). However, Irish-French economist Richard Cantillon was reportedly first to use the term "entrepreneur" in 1730 in his manuscript for his book Essai sur la Nature du Commerce en Général (Essay on the Nature of Trade in General), which was published in 1755, even before the United States of America was founded on July 4, 1776. And the vast majority of registered and unregistered "entrepreneur" trademarks are not owned or controlled by EMI.

EMI selectively enforces its trademark claims by targeting entrepreneurs and organizations that EMI believes are too small or too intimidated to fight back against a deep-pocketed "trademark bully" such as EMI and their hyper-aggressive and prohibitively expensive law firms (EMI uses multiple international law firms, including Latham & Watkins LLP and Jones Day, plus smaller law firms such as Cook Collection Attorneys, the self-described "SqueezeBloodFromTurnip.com" attorneys). So, virtually all of EMI's targets are ultimately forced to give into EMI's threats and demands, no matter how bogus or weak they believe EMI's trademark claims are (though there are several low-cost ways to fight back – including sharing information with entrepreneurs and journalists, and using social media – trademark litigation is notoriously time consuming and frustrating, and can take years and cost 100s of thousands or even millions of dollars in legal fees and expenses).In their case against EA, EMI claimed that:

"EMI owns a family of marks consisting of or incorporating the term ENTREPRENEUR … EMI Marks are valid, unrevoked, uncancelled, and in full force and effect, and are also incontestable … [ENTREPRENEURS ASSEMBLY] is confusingly similar to EMI's previously used and registered ENTREPRENEUR® Mark and the EMI Marks, and will be used with identical or closely-related services. As the ENTREPRENEURS ASSEMBLY mark is confusingly similar to EMI's marks, there will be a likelihood of confusion or mistake among consumers as to an affiliation, connection, or association between EMI and Applicant, or as to the origin, sponsorship, or approval of Applicant's services, all to the damage of EMI."

"Entrepreneurs Assembly is now Biz Assembly™…Why did the name change? Entrepreneur Magazine has a Trademark on the word "Entrepreneur" and so we were essentially forced to change our name or have to result in a legal battle. We chose not [to] waste money on a legal battle." Biz Assembly

(note: EA is not in the magazine publishing business, and unsurprisingly, EMI was unable to name a single person who claims to have been confused between EA and EMI).

Here is the link to EMI's case against EA at the USPTO's Trademark Trial and Appeal Board:

Entrepreneur Media, Inc. vs. Entrepreneurs Assembly Inc. (Opposition No. 91250375)

You can find 100s(!) of EMI trademark office cases by using TTABVUE (the Trademark Trial and Appeal Board Inquiry System). Enter the phrase "Entrepreneur Media" (including quotation marks) in the field labeled: "All these words anywhere in a record" There is NO charge to use this service.

You can also find EMI's federal court cases by using PCL (the PACER Case Locator), though "Access to case information costs $0.10 per page."

You can also find numerous articles about EMI's efforts to monopolize the term "entrepreneur" by searching the web using the terms: entrepreneur magazine trademark bully