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BREAKING NEWS & VIEWS
Update/Clarification on Entrepreneur/Scott Smith Story According to Neil Perlman, president of Entrepreneur Media, Smith was contacted before the lawsuit was served, as well as during the trial and appeal periods, in an effort to change his company’s name to something acceptable for both companies. This is standard practice when Entrepreneur discovers a company whose name could confuse the two brands. Perlman said Smith refused, went on to lose both the court case and appeal, and that his new opposition stems from Smith’s belief that the trademark is too general despite the court ruling otherwise. However, during Smith’s 2003 case, the court ruled that in the past 25 years since it was registered, the name’s extensive advertising and public recognition “established the plaintiff’s [Entrepreneur’s] mark as a strong mark in the industry.” In addition, according to the ruling of the appeal to the 9th circuit court, “[Entrepreneur] provided strong credible evidence that Smith intended to confuse customers.” Also, the lawsuit against The Wall Street Journal has not been served. It was prepared and sent to WSJ, which is currently in discussion with Entrepreneur about changing its mark. Perlman said Entrepreneur’s efforts are because unless a trademark is regularly protected, it loses its protected status. He said both the public and businesses benefit from trademark victories, as neither the small business nor the large corporation need worry about inferior products using its name to make a profit. “It’s not the big guy against the little guy,” Perlman said. “We have to take a stand and protect our mark.” The original story can be found here. minonline regrets for any confusion the story might have caused. If you have breaking news to share please contact Steve Smith at ssmith@accessintel.com COMMENTS
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