Entrepreneur Magazine came after small business owner over trademarks.
An Austin businessman has sued Entrepreneur Media, publisher of Entrepreneur Magazine, after the publication sent a cease and desist to him for registering EntrepreneurOlogy.com.
Daniel Castro is an author, speaker, trainer, and small business owner in Austin, Texas. In January 2009 he says he coined the term “EntrepreNeurology”, followed shortly thereafter by “EntrepreneurOlogy”. He also filed for a trademark for Entrepreneur.Ology. Earlier this year he registered the corresponding EntrepreneurOlogy.com domain name to promote his speaking and training.
Fast forward to September 7, and Castro says Entrepreneur Media (EMI) faxed him a cease and desist letter. EMI threatened to sue Castro if he didn’t give up rights to his mark and domain name EntrepreneurOlogy.com. EMI is also trying to get Entrepreneur.Ology canceled through the U.S. Patent and Trademark office, according to Castro.
Castro acted first by suing EMI. He’s asking for the company’s Entrepreneur trademark to be declared invalid. Otherwise he wants a declaratory judgment that he isn’t infringing on EMI’s mark. He also claims that EMI is guilty of reverse domain name hijacking.
You can read the complaint here.
Acro says
Horrible name. As if “entrepreneur” isn’t hard to write on its own 😀 The suffix “-logy” is derived from the Greek “λόγος” or “speech” (written or spoken). The prefix is 4 syllables long which makes it far too long to flow efficiently when pronounced; 3 syllables would be ok. On the subject of suing to get a declaratory judgment or to cancel the other party’s mark, that’s not going to work IMO. Looks like he’s the one that is doing the reverse hijacking. I would call it “domain precrime” LOL
Ramiro Canales says
I look forward to attending a hearing on this case. The courthouse is only a couple of blocks away. As a fellow litigator, I look forward to the arguments.
Steve M says
Though I’m with Acro that these are terrible names and domains, I nevertheless hope he gets all he’s seeking.
The Ent folks have been trampling on the legitimate legal rights of others for years; seemingly believing (or at least arguing) that they own virtually any use of the word of the generic word “entrepreneur” under the sun.
Ramiro Canales says
The plaintiff, Dan Castro, is an experienced intellectual property lawyer. You can read more about him at http://www.teknolaw.com.
Andrew Allemann says
I’ll agree with Acro on the actual name, but disagree on who’s in the right here.
Deke says
Entrepreneur Media sound like a bunch of crooks to me.
The Original Domainer says
It’s been done before.
http://www.thedomains.com/2009/08/03/greg-ricks-responds-to-c-d-letter-by-filing-suit/
Landon White says
WHY IT SHOULD BE CANCELED:
Entrepreneur is a generic noun,
and as such should not have been
granted a mark.
The well written complaint by plaintiff,
Dan Castro highlights the infringement
that the EMI improper/illegal trademark casts on everyday freedom of….
speech/trade/publication, etc.
EMI could possibly also face a class action
law suit from any and all “Entrepreneur’s”
who feel this mark encroaches on there
freedom of expression and everyday commerce.
Rob Shaver says
What is the origin of the word “magazine” and who used it first? Anybody with access to OED, please look it’s first use up. Maybe then Entrepreneur Magazine can get a C&D too.