Trademark Declaratory Judgment Lawsuit Filed By Entrepreneur Magazine Against Ernst Young Over The Right To Use “Entrepreneur Of The Year Award” Trademark

Santa Ana, CA – Trademark attorneys for Entrepreneur Media, Inc. (“EMI”), the publisher of Entrepreneur® magazine, filed a declaratory judgment lawsuit after receiving a cease and desist letter from Ernst & Young for trademark infringement over EMI’s use of “Entrepreneur Magazine’s 2008 Entrepreneur® Of The Year” award. The lawsuit, filed at the California Central District Court (Santa Ana Division), seeks a declaration from the court that Ernst & Young’s USPTO registrations for “Entrepreneur Of The Year” and “World Entrepreneur Of The Year” are invalid, unenforceable, and should be canceled, and/or EMI’s use of “Entrepreneur® Magazine’s Entrepreneur Of They Year” does not infringe.

declaratory-judgment-trademark-entrepreneur.jpgThe parties are very familiar with each other’s trademark rights and have previously granted a consent to registration and amended applications in response to oppositions in order to obtain registration. However, EMI now asserts that its use of “entrepreneur of the year” is generic, it has been used by numerous other organizations in a generic manner across the country, the trademark is not infringed, it is unenforceable, and asks the court to cancel the registrations. The case is titled Entrepreneur Meia, Inc. v. Eygn Limited, Ernst & Young LLP, SACV08-02810 DOC (C.D. Cal. 2008).