Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA420868
`ESTTA Tracking number:
`07/20/2011
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`Opposer Information
`
`Name
`Granted to Date
`of previous
`extension
`Address
`
`Entrepreneur Media, Inc.
`07/20/2011
`
`2445 McCabe Way, Suite 400
`Irvine, CA 92614
`UNITED STATES
`
`Attorney
`information
`
`Ashley H. Zito, Mark A. Finkelstein
`Jones Day
`1420 Peachtree Street, N.E., Ste. 800
`Atlanta, GA 30309
`UNITED STATES
`azito@jonesday.com, dawnbrown@jonesday.com
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`85155817
`07/20/2011
`
`Publication date
`Opposition
`Period Ends
`
`03/22/2011
`07/20/2011
`
`Spiegel & Utrera, P.A.
`1840 Southwest 22 Street, 4th Floor
`Miami, FL 33145
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 016. First Use: 1995/03/01 First Use In Commerce: 1995/03/01
`All goods and services in the class are opposed, namely: newsletters in the field of business and law
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Dilution
`Torres v. Cantine Torresella S.r.l.Fraud
`
`Trademark Act section 2(d)
`Trademark Act section 43(c)
`808 F.2d 46, 1 USPQ2d 1483 (Fed. Cir. 1986)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`1453968
`
`08/25/1987
`
`Word Mark
`
`ENTREPRENEUR
`
`Application Date
`
`05/14/1985
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Design Mark
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1983/05/19 First Use In Commerce: 1983/05/19
`COMPUTER PROGRAMS AND PROGRAMS USER MANUALS ALL SOLD AS
`A UNIT
`Class 016. First use: First Use: 1978/05/02 First Use In Commerce: 1978/05/02
`PAPER GOODS AND PRINTED MATTER; NAMELY MAGAZINES, BOOKS
`AND PUBLISHED REPORTS PERTAINING TO BUSINESS OPPORTUNITIES
`
`U.S. Registration
`No.
`Registration Date
`
`2263883
`
`07/27/1999
`
`Application Date
`
`11/13/1995
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`ENTREPRENEUR
`
`NONE
`
`Class 035. First use: First Use: 1992/07/00 First Use In Commerce: 1992/07/00
`Advertising and business services, namely, arranging for the promotion of the
`goods and services of others by means of a global computer network and other
`computer online services providers; providing business information for the use of
`customers in the field of starting and operating small businesses and permitting
`customers to obtain information via a global computer network and other
`computer online service providers and; web advertising services, namely,
`providing active links to the websites of others
`
`U.S. Registration
`No.
`Registration Date
`
`2502032
`
`10/30/2001
`
`Word Mark
`Design Mark
`
`ENTREPRENEUR
`
`Application Date
`
`11/06/2000
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 1991/10/18 First Use In Commerce: 1991/10/18
`Arranging And Conducting Trade Show Exhibitions In The Field Of
`Entrepreneurial Activities, Namely The Start-Up And Operation Of Small
`Business Enterprises
`Class 041. First use: First Use: 1991/10/18 First Use In Commerce: 1991/10/18
`Educational Services, Namely, Conducting Seminars On The Development And
`Operation Of Businesses, And Conducting Work Shops On Computer
`Technology, Telecommunications, Marketing, Financing Options, Real Estate
`Management, Tax Planning And Insurance
`
`

`
`U.S. Registration
`No.
`Registration Date
`
`3519022
`
`10/21/2008
`
`Word Mark
`Design Mark
`
`ENTREPRENEUR.COM
`
`Application Date
`
`07/10/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2002/09/00 First Use In Commerce: 2002/09/00
`Downloadable podcasts in the field of business, current events, lifestyle issues,
`and developments in science and technology
`Class 035. First use: First Use: 2002/09/00 First Use In Commerce: 2002/09/00
`Providing business information and advice via a web site on a global computer
`network
`Class 038. First use: First Use: 2002/09/00 First Use In Commerce: 2002/09/00
`Broadcasting programs via a global computer network; and streaming of audio
`and video material via the Internet; telecommunications services, namely,
`transmission of podcasts
`
`U.S. Registration
`No.
`Registration Date
`
`3652950
`
`07/14/2009
`
`Application Date
`
`08/01/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`
`ENTREPRENEUR CONNECT
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 042. First use: First Use: 2008/07/16 First Use In Commerce: 2008/07/16
`ONLINE BUSINESS NETWORKING SERVICES IN THE NATURE OF
`CREATING AND HOSTING A COMMUNITY FOR REGISTERED USERS TO
`CREATE PROFESSIONAL PROFILES, TO PARTICIPATE IN GROUP
`DISCUSSIONS, TO MAKE BUSINESS CONTACTS, AND TO UPLOAD ONTO
`THE WEBSITE MATERIALS PROMOTING THEIR BUSINESSES, PRODUCTS
`AND SERVICES
`
`U.S. Registration
`No.
`Registration Date
`
`3266532
`
`07/17/2007
`
`Application Date
`
`12/07/2006
`
`Foreign Priority
`
`NONE
`
`

`
`Word Mark
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`Date
`ENTREPRENEURENESPANOL.COM
`
`NONE
`
`Class 035. First use: First Use: 2006/10/13 First Use In Commerce: 2006/10/13
`Advertising and business services, namely, arranging for the promotion of goods
`and services of others by means of a global computer network and other
`computer online service providers; providing business information for the use of
`customers in the field of starting and operating businesses and permitting
`customers to obtain the aforesaid information via a global computer network and
`other computer online service providers; Internet advertising services, namely,
`promoting the goods and services of others by providing a web site with active
`links to their websites featuring their goods and services
`
`U.S. Registration
`No.
`Registration Date
`
`3470064
`
`07/22/2008
`
`Word Mark
`Design Mark
`
`ENTREPRENEUR PRESS
`
`Application Date
`
`07/16/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 016. First use: First Use: 1999/04/00 First Use In Commerce: 1999/04/00
`Paper goods and printed matter, namely, books, manuals, prepared reports,
`work books, study guides, legal and business forms, and newsletters concerning
`advice and information relating to the subjects of starting, running and operating
`a business, and individuals who succeeded in business, which subjects are of
`interest to entrepreneurs, new and existing businesses and members of the
`general public
`Class 035. First use: First Use: 1999/04/00 First Use In Commerce: 1999/04/00
`On-line ordering services featuring printed and electronically downloadable
`publications, namely, books, study guides, legal and business forms, and
`newsletters, concerning advice and information relating to the subjects of
`starting, running and operating a business and individuals who succeeded in
`business, which subjects are of interest to entrepreneurs, new and existing
`businesses and members of the general public
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`3204899
`
`Application Date
`
`03/27/2006
`
`02/06/2007
`
`Foreign Priority
`Date
`ENTREPRENEUR'S STARTUPS
`
`NONE
`
`

`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 016. First use: First Use: 2006/01/27 First Use In Commerce: 2006/01/27
`Paper goods and printed matter; namely, magazines, books, booklets and
`published reports pertaining to business opportunities
`
`U.S. Registration
`No.
`Registration Date
`
`3924374
`
`03/01/2011
`
`Word Mark
`Design Mark
`
`ENTREPRENEUR ASSIST
`
`Application Date
`
`07/24/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 038. First use: First Use: 2007/06/15 First Use In Commerce: 2007/06/15
`Providing online facilities for real-time interaction between website visitors
`concerning topics of general interest to entreprenuers, new and existing
`businesses and members of the general public
`Class 042. First use: First Use: 2007/06/15 First Use In Commerce: 2007/06/15
`Providing website visitors with online non-downloadable software applications in
`the field of business planning and productivity for bookmarking, filing and
`tabbing articles found on websites for quicker retrieval, for creating text
`documents, spreadsheets and presentations, for customizing business forms
`and templates, for selecting and downloading a selection of business books, for
`scheduling event deadlines and appointments with email reminders, and for
`assisting in the creation of business plans
`
`Attachments
`
`76159837#TMSN.gif ( 1 page )( bytes )
`77226387#TMSN.jpeg ( 1 page )( bytes )
`76691766#TMSN.gif ( 1 page )( bytes )
`76670060#TMSN.gif ( 1 page )( bytes )
`76679564#TMSN.gif ( 1 page )( bytes )
`76657293#TMSN.gif ( 1 page )( bytes )
`76691530#TMSN.gif ( 1 page )( bytes )
`Notice of Opposition.pdf ( 10 pages )(33418 bytes )
`Ex A.pdf ( 10 pages )(207835 bytes )
`
`Certificate of Service
`
`The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
`record by First Class Mail on this date.
`
`Signature
`Name
`Date
`
`/Ashley H. Zito/
`Ashley H. Zito, Mark A. Finkelstein
`07/20/2011
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of
`
`U.S. Trademark Application 85/155,817
`For the Mark ENTREPRENEUR'S ALERT
`Published in the Official Gazette on March 22, 2011
`
`
`
`
`
`ENTREPRENEUR MEDIA, Inc.,
`
`Opposer,
`
`v.
`
`Opposition No. ____________________
`
`SPIEGEL & UTRERA, P.A.,
`
`Applicant.
`
`
`Commissioner of Trademarks
`Box TTAB
`P.O. Box 1451
`Alexandria, Virginia 22313-1451
`
`
`NOTICE OF OPPOSITION
`
`1.
`
`Opposer, Entrepreneur Media, Inc. (“EMI” or “Opposer”) is a California
`
`corporation with its headquarters located at 2445 McCabe Way, Irvine, California 92614. EMI
`
`believes that it will be damaged by the registration of the mark ENTREPRENEUR'S ALERT
`
`(“Applicant’s Mark”) shown in trademark application Serial No. 85/155,817 (the “Application”)
`
`and hereby opposes same pursuant to 15 U.S.C. §§ 1052 and 1063.
`
`2.
`
`To the best of Opposer’s knowledge, the name and address of the current owner
`
`of the Application is Spiegel & Utrera, P.A., 1840 Southwest 22 Street, 4th Floor, Miami,
`
`Florida 33145 (“Applicant”).
`
`As grounds for opposition, it is alleged that:
`
`

`
`
`
`3.
`
`The Application
`
`Applicant filed the Application on October 19, 2010 to register the mark
`
`ENTREPRENEUR'S ALERT to identify “newsletters in the field of business and law” in
`
`International Class 16 alleging a first use in commerce date of March 1, 1995.
`
`4.
`
`5.
`
`The Application was published in the Official Gazette on March 22, 2011.
`
`Upon information and belief, Applicant has used, and is using, the federal
`
`registration symbol ® in connection with Applicant’s Mark without a federal registration. See
`
`Exhibit A attached hereto. Specifically, Applicant has used, and currently uses, the federal
`
`registration symbol ® online at its website, www.amerilawyer.com, in connection with the
`
`advertisement and sale of its newsletters under Applicant’s Mark and on the actual newsletters
`
`distributed and sold under Applicant’s Mark. See Exhibit A.
`
`Opposer’s Registered Marks
`
`6.
`
`Opposer owns a family of marks consisting of, or incorporating, the term
`
`ENTREPRENEUR, including all of the following (collectively, the “EMI Marks”) which
`
`registrations have not been cancelled and are valid and in full force and effect:
`
`Trademark
`ENTREPRENEUR
`
`Registration/
`Serial No.
`1,453,968
`
`Registration/
`Filing Date
`August 25,
`1987
`
`ENTREPRENEUR
`
`2,263,883
`
`July 27, 1999
`
`International Class/Goods
`16: Paper goods and printed matter; namely
`magazines, books and published reports
`pertaining to business opportunities.
`35: Advertising and business services, namely,
`arranging for the promotion of the goods and
`services of others by means of a
`global computer network and other computer
`online services providers; providing business
`information for the use of customers in the field
`of starting and operating small businesses
`and permitting customers to obtain information
`via a global computer network and other
`computer online service providers and; web
`advertising services, namely, providing active
`links to the websites of others.
`
`
`
`2
`
`

`
`Trademark
`ENTREPRENEUR
`
`Registration/
`Serial No.
`2,502,032
`
`Registration/
`Filing Date
`October 30,
`2001
`
`ENTREPRENEUR.COM 3,519,022
`
`October 21,
`2008
`
`ENTREPRENEUR
`CONNECT
`
`3,652,950
`
`
`July 14, 2009
`
`ENTREPRENEUR
`ENESPANOL.COM
`
`3,266,532
`
`
`July 17, 2007
`
`International Class/Goods
`35: Arranging and conducting trade show
`exhibitions in the field of entrepreneurial
`activities, namely the start-up and operation of
`small business enterprises.
`
`41: Educational services, namely, conducting
`seminars on the development and operation of
`businesses, and conducting workshops on
`computer technology, telecommunications,
`marketing, financing options, real estate
`management, tax planning and insurance.
`9: Downloadable podcasts in the field of
`business, current events, lifestyle issues, and
`developments in science and technology.
`
`35: Providing business information and advice
`via a web site on a global computer network.
`
`38: Broadcasting programs via a global
`computer network; and streaming of audio and
`video material via the Internet;
`telecommunications services, namely,
`transmission of podcasts.
`42: Online business networking services in the
`nature of creating and hosting a community for
`registered users to create professional profiles,
`to participate in group discussions, to make
`business contacts, and to upload onto the
`website materials promoting their businesses,
`products and services.
`35: Advertising and business services, namely,
`arranging for the promotion of goods and
`services of others by means of a global computer
`network and other computer online service
`providers; providing business information for
`the use of customers in the field of starting and
`operating businesses and permitting customers
`to obtain information via a global computer
`network and other computer online service
`providers; internet advertising services, namely,
`promoting the goods and services of others by
`providing a web site with active links to their
`websites featuring their goods and services.
`
`
`
`3
`
`

`
`Trademark
`ENTREPRENEUR
`PRESS
`
`Registration/
`Serial No.
`3,470,064
`
`
`Registration/
`Filing Date
`July 22, 2008
`
`ENTREPRENEUR’S
`STARTUPS
`
`ENTREPRENEUR
`ASSIST
`
`3,204,899
`
`
`3,924,374
`
`
`February 6,
`2007
`
`March 1, 2011
`
`International Class/Goods
`16: Paper goods and printed matter, namely,
`books, manuals, prepared reports, work books,
`study guides, legal and business forms, and
`newsletters concerning advice and information
`relating to the subjects of starting, running and
`operating a business, and individuals who
`succeeded in business, which subjects are of
`interest to entrepreneurs, new and existing
`businesses and members of the general public.
`
`35: On-line ordering services featuring printed
`and electronically downloadable publications,
`namely, books, study guides, legal and business
`forms, and newsletters, concerning advice and
`information relating to the subjects of starting,
`running and operating a business and individuals
`who succeeded in business, which subjects are
`of interest to entrepreneurs, new and existing
`businesses and members of the general public.
`16: Paper goods and printed matter; namely,
`magazines, books, booklets and published
`reports pertaining to business opportunities.
`38: Providing online facilities for real-time
`interaction between website visitors concerning
`topics of general interest to entrepreneurs, new
`and existing businesses and members of the
`general public.
`
`42: Providing website visitors with online non-
`downloadable software applications in the field
`of business planning and productivity for
`bookmarking, filing and tabbing articles found
`on websites for quicker retrieval, for creating
`text documents, spreadsheets and presentations,
`for customizing business forms and templates,
`for selecting and downloading a selection of
`business books, for scheduling event deadlines
`and appointments with email reminders, and for
`assisting in the creation of business.
`
`7.
`
`Registration Nos. 1,453,968; 2,263,883; and 2,502,032 have become incontestable
`
`as a matter of law under 15 U.S.C. § 1065.
`
`Opposer’s Use of Its Famous Marks
`
`8.
`
`Opposer, and its predecessors in interest, have been and are now engaged in the
`
`business of developing, creating, distributing, marketing, advertising and selling a wide variety
`
`
`
`4
`
`

`
`of goods and services under the EMI Marks, and in particular under its registered trademark
`
`ENTREPRENEUR® (the “ENTREPRENEUR Mark”), including the publication and
`
`distribution of magazines and books, conducting seminars and other educational events, and the
`
`distribution of print and online information and advice, all concerning or of interest to
`
`businesses, business owners and would-be business owners. In fact, EMI has been using the
`
`ENTREPRENEUR Mark in commerce for over thirty years, having first adopted the mark for
`
`magazines at least as early as May 2, 1978.
`
`9.
`
`Through careful cultivation of its goods and services provided under the EMI
`
`Marks, and in particular the ENTREPRENEUR Mark, EMI has developed an outstanding
`
`reputation, and has established an extremely loyal customer following, in its efforts to promote
`
`small and mid-sized businesses, and in providing the owners and would-be owners of those
`
`businesses with the information and other tools necessary for starting and successfully growing
`
`those businesses.
`
`10.
`
`EMI has received a tremendous amount of public recognition and acclaim for the
`
`products and services provided under its EMI Marks, and in particular under the
`
`ENTREPRENEUR Mark. Through EMI’s widespread and continuous use of its family of EMI
`
`Marks, including the ENTREPRENEUR Mark, these marks have acquired extensive goodwill,
`
`have developed a high degree of distinctiveness, and have become famous, well-known and
`
`recognized as identifying the goods and services that originate from EMI.
`
`11.
`
`The United States District Court for the Central District of California has
`
`determined that the ENTREPRENEUR Mark has become and is a strong mark in the industry, as
`
`a result of extensive advertising and public recognition over the past 25 years. Entrepreneur
`
`Media, Inc. v. Smith, No. CV 98-3607 FMC (CTx), 2004 U.S. Dist. LEXIS 24078 (C.D. Cal.
`
`
`
`5
`
`

`
`June 23, 2004). These findings were affirmed by the Ninth Circuit Court of Appeals.
`
`Entrepreneur Media, Inc. v. Smith, 101 Fed. Appx. 212 (9th Cir. 2004).
`
`12.
`
`Opposer’s use of the EMI Marks, as described above, has been valid and
`
`continuous since the relevant dates of first use.
`
`13.
`
`Opposer’s continuous, exclusive and commercially-successful use of the
`
`ENTREPRENEUR® Mark is symbolic of the extensive goodwill and consumer recognition
`
`created therein by Opposer through substantial amounts of time, money and effort in advertising
`
`and promotion of its goods and services.
`
`14.
`
`Upon information and belief, Opposer’s ENTREPRENEUR® Mark is widely
`
`recognized and highly regarded by the general, consuming public of the United States as a
`
`designation of the source of Opposer’s goods and services.
`
`15.
`
`Upon information and belief, the ENTREPRENEUR® Mark has come to serve as
`
`a unique and famous identifier of Opposer’s goods and services.
`
`Confusion and Dilution Are Likely
`
`16.
`
`Opposer’s use of the ENTREPRENEUR® Mark predates any alleged use by
`
`Applicant of Applicant’s Mark.
`
`17.
`
`Opposer’s use of the ENTREPRENEUR® Mark predates the filing date of the
`
`Application.
`
`18.
`
`Opposer’s ENTREPRENEUR® Mark was well-established and famous long
`
`before the date on which Applicant filed its Application.
`
`19.
`
`Upon information and belief, Applicant’s Mark is confusingly similar to the
`
`ENTREPRENEUR® Mark and the family of EMI Marks as those Marks are used and have been
`
`registered by Opposer.
`
`
`
`6
`
`

`
`20.
`
`Upon information and belief, the goods with which Applicant’s Mark will be used
`
`are also either identical, or confusingly similar, to those goods, for which the
`
`ENTREPRENEUR® Mark and the family of EMI Marks have been registered and have to date
`
`been used.
`
`21.
`
`Upon information and belief, the goods, for which Applicant is seeking
`
`registration of Applicant’s Mark, are goods, which will be offered for sale and sold in the same
`
`channels of trade and to the same class of purchasers as are those goods offered for sale and
`
`currently sold by Opposer under the ENTREPRENEUR® Mark and the family of EMI Marks.
`
`COUNT I
`LIKELIHOOD OF CONFUSION
`
`22.
`
`Opposer incorporates each and every allegation of Paragraphs 1-21 of this Notice
`
`of Opposition as though fully set forth herein.
`
`23.
`
`In view of (1) the fame of the ENTREPRENEUR® Mark; (2) the similarity of
`
`Applicant’s Mark and the ENTREPRENEUR® Mark; and (3) the similarity of goods to be
`
`offered under Applicant’s Mark as compared to those goods already offered under the
`
`ENTREPRENEUR® Mark; (4) as well as the similarity of the channels of trade through which
`
`those goods will be or, in the case of the ENTREPRENEUR® Mark, are being, disseminated,
`
`Applicant’s Mark is likely to cause confusion or mistake, or to deceive, as to source by
`
`suggesting that Applicant’s goods are associated with, or approved, endorsed, affiliated,
`
`authorized or sponsored by Opposer.
`
`COUNT II
`TRADEMARK DILUTION
`
`24.
`
`Opposer incorporates each and every allegation of Paragraphs 1-23 of this Notice
`
`of Opposition as though fully set forth herein.
`
`
`
`7
`
`

`
`25.
`
`The ENTREPRENEUR® Mark has become famous in accordance with the
`
`standard set forth in 15 U.S.C. § 1125(c).
`
`26.
`
`Applicant filed the Application for ENTREPRENEUR'S ALERT after the
`
`ENTREPRENEUR® Mark became famous.
`
`27.
`
`Applicant’s Mark is likely to cause dilution of the distinctiveness of Opposer’s
`
`famous ENTREPRENEUR® Mark.
`
`COUNT III
`FRAUDULENT MISUSE OF FEDERAL REGISTRATION SYMBOL ®
`
`28.
`
`Opposer incorporates each and every allegation of Paragraphs 1-27 of this Notice
`
`as though fully set forth herein.
`
`29.
`
`Upon information and belief, Applicant has improperly, intentionally and falsely
`
`used the federal registration symbol ® in an attempt to deceive and/or mislead the public into
`
`believing that it has federal trademark rights in the mark ENTREPRENEUR’S ALERT.
`
`Specifically, Applicant has used, and currently uses, the federal trademark registration symbol
`
`online at its website, www.amerilawyer.com, in connection with the advertisement and sale of its
`
`newsletters under Applicant’s Mark and on the actual newsletters distributed and sold under
`
`Applicant’s Mark. See Exhibit A.
`
`WHEREFORE, Opposer prays that: (1) Applicant’s Application to register
`
`ENTREPRENEUR’S ALERT as a trademark (Serial No. 85/155,817) be rejected on the basis of
`
`likelihood of confusion with, and likelihood of dilution of, the ENTREPRENEUR® Mark; (2)
`
`fraudulent misuse of the federal registration symbol ®; (3) that no registration be issued on
`
`Applicant’s Mark; and (4) that this Opposition be sustained in favor of Opposer.
`
`8
`
`
`
`
`
`

`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`By: /s/ Ashley H. Zito
`Ashley H. Zito
`JONES DAY
`1420 Peachtree Street, N.E.
`Suite 800
`Atlanta, Georgia 30309
`(404) 581-8587 (phone)
`(404) 581-8330 (fax)
`Email:
`azito@jonesday.com
`
`
`
`
`
`Mark A. Finkelstein
`JONES DAY
`3161 Michelson Drive, Suite 800
`Irvine, CA 92612
`Telephone: (949) 553-7502
`Facsimile: (949) 553-7539
`Email: mafinkelstein@jonesday.com
`
`Attorneys for Opposer
`Entrepreneur Media, Inc.
`
`9
`
`Dated this 20th day of July, 2011
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`
`
`CERTIFICATE OF SERVICE
`
`A copy of the foregoing was served on this 20th day of July, 2011, via first-class mail
`upon the Attorney of Record for Applicant:
`
`
`Natalia Utrera, Esq.
`Spiegel & Utrera, P.A.
`Po Box 450605
`Miami, Florida 33245-0605
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Ashley H. Zito
`Attorney for Opposer
`
`
`
`
`
`
`
`
`
`10
`
`
`
`
`
`
`
`
`

`
`
`
`EXHIBIT A
`EXHIBIT A
`
`

`
`Entrepreneurs Alert Newsletter from Spiegel & Utrera, P.A.
`
`Page 1 of 1
`
`Another paramount reason,
`ATTORNEY-CLIENT PRIVILEGE
`to select Spiegel & Utrera, P.A.
`
` INCORPORATE ASSET PROTECTION TRUST - WILLS INTELLECTUAL PROPERTY AGREEMENTS MONEY FOR YOUR BUSINESS CLAIMS / LITIGATION
`
`SPECIAL OFFERS MORE SERVICES QUALIFICATIONS DOWNLOADS FREE INFO PACKET CONTACT US
`
`Search
`
`ORDER NOW
`
` Client Bulletin Board | Annual Worksheets | Annual State Reports | Annual Corporate Compliance | Tax Forms | Pay Your Bill Online | GENERAL COUNSEL CLUB |
`
`No Credit Card Required
`
`Spiegel & Utrera, P.A. is a fully licensed law firm that delivers professional legal services at extremely affordable prices.
`
`
`
`
`Subscribe Now to the Spiegel & Utrera, P.A. Newsletter
`
`Entrepreneur's Alert® provides valuable insight on running your business from a legal point of view. It is published six times a year. You can subscribe to
`Entrepreneur's Alert® for $34.95 per year, over 60% discount of the single issue price (a total value of $89.70).
`
`Here's a sample from previous issues of Entrepreneur's Alert®:
`
`Entrepreneur's Alert® - February 2007 Issue
`
`
`
`
`
`
`
`Sign up to receive the next six issues of Entrepreneur's Alert
`
`SPIEGEL & UTRERA, P.A. is your one source for business legal services.
`
`Would you rather speak to a lawyer? A Spiegel & Utrera, P.A. associate is ready to take your call.
`
`Spiegel & Utrera, P.A.
`Tampa
`3623 West Kennedy Blvd.
`Tampa, FL 33609
`Toll Free: (800) 658-5900
`(813) 871-5400
`Fax: (813) 870-2500
`William M Homsi, Esq.,
`Managing Attorney
`
`New York City
`1 Maiden Lane
`5th Floor
`New York, NY 10038
`Toll Free: (800) 576-1100
`(212) 962-1000
`Fax: (212) 964-5600
`Daniel S. Finnegan, Esq.
`Managing Attorney
`Chicago
`123 West Madison Street
`Suite 806
`Chicago, IL 60602-4620
`Toll Free: (888) 514-9800
`(312) 443-1500
`Fax: (312) 443-8900
`Melody Ashby, Esq.
`Managing Attorney
`United Kingdom
`Spiegel & Utrera, Ltd.
`"Your Gateway to Europe"
`11 Murray Street, London NW19RE
`Telephone: 011 44 207 284 3700
`Fax: 011 44 207 284 3533
`Toll Free: 0 800 917 1200
`USA, Canada and Mexico
`Toll Free: 1-800-546-5070
`Fax: 0 800 169 2300
`Russell D. Williams, Esq.
`solicitorwilliams@spiegelutrera.co.uk
`Managing Solicitor
`www.spiegelutrera.co.uk
`
`General Counsel Club®
`Unlimited Legal & Business Advice
`JOIN TODAY!
`Toll Free: 1 (800) 734 - 9900
` Fax: 1 (800) 520 - 7800
`ClubAssist@AmeriLawyer.com
`Natalia Utrera, Esq.,
`Managing Attorney
`
`Fort Lauderdale
`3526 North Federal Highway
`Ft. Lauderdale, FL 33308
`Toll Free: (800) 465-8500
`(954) 630-9800
`Fax: (954) 561-7900
`Natalia Utrera, Esq.,
`Interim Managing Attorney
`
`Long Island
`55 Jericho Turnpike
`Suite 202
`Jericho, NY 11753
`Toll Free: (888) 797-6200
`(516) 338-9100
`Fax: (516) 338-9200
`Daniel S. Finnegan, Esq.
`Interim Managing Attorney
`Clifton, NJ
`642 Broad St., Suite 2
`Clifton, NJ 07013
`Toll Free: (888) 336-8400
`(973) 473-2000
`Fax: (973) 778-2900
`Michael L. Simon, Esq.
`Managing Attorney
`
`Las Vegas
`1785 E Sahara Ave
`Suite 490
`Las Vegas, NV 89104
`Toll Free: (888) 530 4500
`(702) 364 2200
`Fax: (702) 458 2100
`Michael R. Carrigan, Esq.,
`Managing Attorney
`
`
`
`
`Back to Top
`
`Miami
`1840 Coral Way
`4th Floor
`Miami, FL 33145
`Toll Free: (800) 603 - 3900
`(305) 854-6000
`Fax: (305) 857-3700
`Natalia Utrera, Esq.,
`Managing Attorney
`Orlando
`707 East Colonial Drive
`Suite B
`Orlando, Florida 32803
`Toll Free: (888) 991-9700
`(407) 898-5500
`Fax: (407) 894-5700
`William M. Homsi, Esq.,
`Managing Attorney
`Delaware
`9 East Loockerman Street
`Suite 3A
`Dover, DE 19901
`Toll Free: (888) 641-3800
`(302) 744-9800
`Fax: (302) 674-2100
`Courtney Riordan, Esq.
`Managing Attorney
`Los Angeles
`4727 Wilshire Blvd.
`Suite 601
`Los Angeles, CA 90010
`Toll Free: (888) 520-7800
`(323) 936-3400
`Fax: (323) 939-5600
`Stephanie Stubbe, Esq.,
`Managing Attorney
`
`
`
`
`Back to Top
`
`Material presented on AmeriLawyer.com is intended for information purposes only. It is not intended as professional advise and should not be construed as such. The U.S. Treasury Department requires us to inform you than any
`information obtained from this website is not intended or written by our law firm to be used, and cannot be used by any taxpayer, for the purpose of avoiding any penalties that may be imposed under the Internal Revenue Code.
`Advice from our firm relating to Federal tax matters may not be used in promoting, marketing or recommending any entity, investment plan or arrangement to any taxpayer.
`
`Spiegel & Utrera, P.A. and Amerilawyer.com
`Privacy Policy
`
`Copyright ©MMI, ©MMIV, ©MMV, ©MMIX Spiegel & Utrera, P. A.
`All Rights Reserved
`View this site in Français Español Italiano Deutsch German Português
`Internal Revenue Service
`Circular 230 Policy
`
`Spiegel & Utrera, P.A. and Amerilawyer.com
`Service Terms & Cancellation Policy
`
`http://www.amerilawyer.com/newsletter.htm
`
`7/20/2011
`
`

`
`Spiegel & Utrera, P.A. General Counsel Club Newsletter Subscription Order Form
`
`Page 1 of 2
`
`Another paramount reason,
`ATTORNEY-CLIENT PRIVILEGE
`to select Spiegel & Utrera, P.A.
`
` INCORPORATE ASSET PROTECTION TRUST - WILLS INTELLECTUAL PROPERTY AGREEMENTS MONEY FOR YOUR BUSINESS CLAIMS / LITIGATION
`
`SPECIAL OFFERS MORE SERVICES QUALIFICATIONS DOWNLOADS FREE INFO PACKET CONTACT US
`
`ORDER NOW
`
` Client Bulletin Board | Annual Worksheets | Annual State Reports | Annual Corporate Compliance | Tax Forms | Pay Your Bill Online | GENERAL COUNSEL CLUB |
`
`No Credit Card Required
`
`Spiegel & Utrera, P.A. is a fully licensed law firm that delivers professional legal services at extremely affordable prices.
`
`
`
`
`
`Subscribe Now to the Spiegel & Utrera, P.A. Newsletter
`
`Entrepreneur's Alert® provides valuable insight on running your business from a legal point of view. It is published six times a year. You can subscribe to
`Entrepreneur's Alert® for $34.95 per year, over 60% discount of the single issue price (a total value of $89.70).
`
`Subscription Information
`Name:
`Address:
`City:
`State:
`Zip:
`Country:
`Phone:
`Fax:
`I understand the total billed to my credit card will be $34.95
`
`Payment Information
`Name on Credit Card:
`Billing Address of Credit Card:
`City:
`State:
`Zip:
`Type of Card :
`Card Number:
`Expiration Date: xx/yyyy
`I would like for my six editions of the newsletter be:
`Email address:
`If you have a business at this time, please provide your business name:
`
`
`
`
`
`
`
`
`
`
`
`
`
`YES
`
`876543
`
`NO
`87654
`
`
`
`
`
`
`
`Visa
`
`
`
`876543
`
`MAILED
`
`
`87654
`
`EMAILED
`
`Comments
`
`
`
`Subscribe Now
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`SPIEGEL & UTRERA, P.A. is your one source for business legal services.
`
`Would you rather speak to a lawyer? A Spiegel & Utrera, P.A. associate is ready to take your call.
`
`Spiegel & Utrera, P.A.
`Tampa
`3623 West Kennedy Blvd.
`Tampa, FL 33609
`Toll Free: (800) 658-5900
`(813) 871-5400
`Fax: (813) 870-2500
`William M Homsi, Esq.,
`Managing Attorney
`
`Fort Lauderdale
`3526 North Federal Highway
`Ft. Lauderdale, FL 33308
`Toll Free: (800) 465-8500
`(954) 630-9800
`Fax: (954) 561-7900
`Natalia Utrera, Esq.,
`Interim Managing Attorney
`
`Miami
`1840 Coral Way
`4th Floor
`Miami, FL 33145
`Toll Free: (800) 603 - 3900
`(305) 854-6000
`Fax: (305) 857-3700
`Natalia Utrera, Esq.,
`Managing Attorney
`Orlando
`707 East Colonial Drive
`Suite B
`Orlando, Florida 32803
`Toll Free: (888) 991-9700
`(407) 898-5500
`Fax: (407) 894-5700
`William M. Homsi, Esq.,
`Managing Attorney
`Delaware
`
`New York City
`1 Maiden Lane
`5th Floor
`New York, NY 10038
`Toll Free: (800) 576-1100
`(212) 962-1000
`Fax: (212) 964-5600
`Daniel S. Finnegan, Esq.
`Managing Attorney
`Chicago
`
`Long Island
`55 Jericho Turnpike
`Suite 202
`Jericho, NY 11753
`Toll Free: (888) 797-6200
`(516) 338-9100
`Fax: (516) 338-9200
`Daniel S. Finnegan, Esq.
`Interim Managing Attorney
`Clifton, NJ
`
`https://www.amerilawyer.com/newslettersubscribe.htm
`
`7/20/2011
`
`

`
`Spiegel & Utrera, P.A. General Counsel Club Newsletter Subscription Order Form
`
`Page 2 of 2
`
`9 East Loockerman Street
`Suite 3A
`Dover, DE 19901
`Toll Free: (888) 641-3800
`(302) 744-9800
`Fax: (302) 674-2100
`Courtney Riordan, Esq.
`Managing Attorney
`Los Angeles
`4727 Wilshire Blvd.
`Suite 601
`Los Angeles, CA 90010
`Toll Free: (888) 520-7800
`(323) 936-3400
`Fax: (323) 939-5600
`Stephanie Stubbe, Esq.,
`Managing At