BULKY DOCUMENTS
`(Exceeds 300 pages)
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`Proceeding] Serial No: 239 1 145
`
`Filed: 3-07-08
`
`Title: petition to cancel
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`74084208 [: NATIoNAL PoINT OF LIGHT FOUNDATION
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`HENRY M. BISSELL (State Bar #31628)
`HENRY M. BISSELL IV (State Bar #161810)
`HENRY BISSELL, A PROFESSIONAL LAW CORPORATION
`6820 La Tijera Boulevard, Suite 106
`Los Angeles, California
`90045
`Telephone:
`(310) 645-1088
`Facsimile:
`(310) 645-5531
`
`Attorneys for Plaintiff
`ENTREPRENEUR MEDIA,
`INC.
`
`0.!’
`
`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`INC.,
`ENTREPRENEUR MEDIA,
`a California corporation,
`
`Plaintiff,
`
`V.
`
`\../xgx/\/\./\./\./\./\./\/\/s/gr
`
`STARDOCK SYSTEMS,
`a Corporation,
`
`INC.
`
`Defendant.
`
`Case No. SACV—98-495 AHS (EEX)
`
`PLAINTIFF'S RESPONSE TO
`DEFENDANT’S FIRST SET OF
`INTERROGATORIES PROPOUNDED
`TO PLAINTIFF ENTREPRENEUR
`
`MEDIA,
`
`INC.
`
`m¢-estoI*
`<0a>\lC)
`
`10
`
`11
`
`12
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`13
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`14
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`15
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`16
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`17
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`18
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`19
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`Pursuant to Rule 33, Federal Rules of Civil Procedure,
`
`20
`
`plaintiff hereby submits its response to defendant's First Set of
`
`21
`
`Interrogatories Propounded to Plaintiff.
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`INTRODUCTION
`
`The actual
`
`interrogatories in defendant's paper are
`
`preceded by substantially irrelevant material.
`
`For example,
`
`in
`
`"Instructions" it is stated that
`
`Plaintiff
`
`shall produce
`
`the responses
`
`and
`
`documents
`
`in a manner consistent with the
`
`Federal
`
`and
`
`Local
`
`Rules
`
`of
`
`Civil
`
`LlT\RSP2lHI1.STA
`
`1
`
`0549
`
`

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`service identified, state the date the service was first provided I
`
`state the last date on which the service was provided, state the
`
`monthly gross sales for each such service from the date of first
`
`use to the present, and describe the geographic markets in which
`
`the service has been provided.
`
`OBJECTION TO INTERROGATORY NO. 7.
`
`This interrogatory is objected to for being overbroad and
`
`unduly burdensome,
`
`as well
`
`as
`
`seeking information which
`
`is
`
`irrelevant
`
`to the subject matter at
`
`issue.
`
`Plaintiff's mark
`
`ENTREPRENEUR has been in use
`
`for more
`
`than 20 years
`
`and in
`
`association with trade shows and educational services since at
`
`least as early as October 18, 1991.
`
`It is unduly burdensome to
`
`require plaintiff to identify each of these various services in the
`
`detail sought by this interrogatory.
`
`ANSWER TO INTERROGZXTORY NO. 7.
`
`Without waiving its objection, plaintiff answers this
`
`interrogatory as follows:
`
`Plaintiff has provided educational services, principally
`
`in the form of seminars and.workshops conducted in conjunction with
`
`its trade shows,
`
`since at
`
`least as early as January 9,
`
`1981.
`
`Plaintiff's early trade shows and ‘seminars were associated with
`
`-1aintiff’s service mark.AMERICAN ENTREPRENEURS ASSOCIATION. Since
`
`May,
`
`1992, plaintiff's trade
`
`shows
`
`have
`
`been
`
`conducted in
`
`Expo" and then as "Entrepreneur Magazine's Small Business Expo".
`
`association with the mark ENTREPRENEUR,
`
`first as "Entrepreneur
`
`The seminars are principally included in the admission price to the
`
`Expo;
`
`therefore plaintiff has no separately stated sales figures
`
`LIT\RsP2lNI1.STA
`
`11
`
`0559
`
`

`
`for the educational services. These services have been provided in
`
`the following geographical markets: Northern California, Southern
`
`California, New York—New Jersey, Philadelphia—Southern New Jersey,
`
`Chicago, Ft. Lauderdale-Miami, Dallas-Ft. Worth and Georgia.
`
`In
`
`addition, at least one ENTREPRENEURIAL WOMAN seminar was held in
`
`Orange County in 1992 at which plaintiff's trademarked products and
`
`services were offered to the public.
`
`A fee was charged for that
`
`seminar. The revenues approximated $25,000.00. other educational
`
`services have included telephone counseling with respect to small
`
`business information and resources.
`
`Interrogatogy No.
`
`8
`
`State when the Plaintiff first obtained knowledge of
`
`Defendant's use of Plaintiff's Trademark, and with respect to such
`
`knowledge describe in detail
`
`the circumstances under which the
`
`Plaintiff acquired knowledge of Defendant's use,
`
`identify each
`
`employee,
`
`agent or
`
`attorney of Plaintiff who acquired the
`
`knowledge,
`
`and identify all documents,
`
`including any interview
`
`notes and published articles, with respect to when Plaintiff first
`
`obtained knowledge of Defendants’ use.
`
`OBJECTION TO INTERROGATORY N0. 8.
`
`This interrogatory seeks the discovery of communications
`
`C0
`
`10
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`I1
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`12
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`13
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`14
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`16
`
`17
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`18
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`19
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`20
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`21
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`22
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`23
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`which are protected by the attorney/client privilege.
`
`24
`
`ANSWER TO INTERROGATORY N0. 8.
`
`without waiving that objection, plaintiff's trademark
`
`26
`
`attorney, Henry M. Bissell, became aware of a newspaper clipping,
`
`27
`
`which might have come from the Wall Street Journal, which mentioned
`
`28
`
`defendant's "new game called Entrepreneur" having an aggressive
`
`LlT\RSP2lHT1.STA
`
`12
`
`0560
`
`

`
`
`
`of its products and services marketed under the Trademark.
`
`The
`
`details of such advertising expenditures are set out in the Answer
`
`to Interrogatory No.
`
`11 above.
`
`The figure stated there as the
`
`accumulated total of expenditures within the past approximately 3
`
`1/2 years is at least $27 million. This figure is used because it
`
`has become available as a result of plaintiff's investigation
`
`during efforts to answer
`
`these interrogatories.
`
`Plaintiff's
`
`products and services have been marketed under the Trademark for
`
`more than 20 years, and therefore the overall total of expenditures
`
`for advertising and promotion of plaintiff products and services
`
`marketed under
`
`the ENTREPRENEUR mark would greatly exceed the
`
`figure given for the past 3 1/2 years, with a resultant higher
`
`valuation of plaintiff's Trademark and the goodwill associated
`
`therewith.
`
`ENTREPRENEUR MEDIA,
`
`INC.
`
`Dated: December Q, 1998
`
`I
`
`
`Ronald L. Y
`Secretary
`
`‘IC?)U1toNJ""
`
`8
`
`AS TO OBJECTIONS:
`
`Dated: December
`
`K, 1998
`
`3,
`
`
`
`\
`
`,K§;b¢1£5Lo
`
`Henry’Bissell‘Professional
`tion
`
`x
`
`Henry M. Bissell
`_
`Atrorney for Plaintiff
`
`
`
`LlT\RSP2INT1.STA
`
`1.8
`
`0566
`
`

`
`

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`
`2
`
`'1 ELATHAM & WATKINS
`Mark A. Finkelstein (State Bar #173851)
`Michele D. Johnson (State Bar #198298)
`650 Town Center Drive, Suite 2000
`3 Costa Mesa, California 92626-1925
`~Telephone:
`(714) 540-1235
`4 Facsimile:
`(714) 755-8290
`________,_......_......
`
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`INC., a
`11 (ENTREPRENEUR MEDIA,
`California corporation
`'
`
`Plaintiff,
`
`Defendant.
`
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`Case No. CV 98-3607 LGB (BQRx)
`STIPULATION AND [main] ORDER
`CONSENTING TO SUBSTITUTION OF
`COUNSEL
`
`19
`
`The undersigned hereby consent and agree that Latham &
`
`20 'Watkins be substituted in the place and stead of Bissell &
`
`21 Bissell as attorneys for Plaintiff Entrepreneur Media,
`
`Inc.
`
`in
`
`22 _the above-entitled action and that an Order to that effect may be
`
`23 :entered without further notice.
`
`Each of Latham & Watkins,
`
`24 Bissell & Bissell, and Entrepreneur Media,
`
`Inc. believes that
`
`25 substitution will not delay the prosecution of this action to
`
`26 completion.
`
`27 ‘///
`
`23
`
`///
`
`LATHAM 8: WATKINS OC_DOCS\2316S9. 1
`“I,’..‘L'.’I,“.".;.;‘.T,:"
`
`
`
`1
`
`Stipulation for Substitution of Counsel
`PenuonerExmbn#5o
`I
`
`

`
`I‘
`
`F‘
`
`Dated: May 1, 1999
`
`LATHAM & WATKINS
`Mark A. Finkelstein
`Michele D. Johnson
`
`By=
`
`Michele D
`
`Johnson
`
`Dated: May __, 1999
`
`CONSENTED TO BY:
`
`Dated: May __, 1999
`
`BISSELL & BISSELL
`
`Henry M. Bissell
`Henry M. Bissell IV
`
`By:
`Henry M. Bissell
`
`ENTREPRENEUR MEDIA,
`
`INC.
`
`By=
`Ronald L. Young, Secretary and
`Corporate Counsel of
`Entrepreneur Media,
`
`Inc.
`
`ORDER
`
`It is ordered that
`The stipulation is hereby approved.
`‘Latham & Watkins is substituted in the place and stead of Bissell
`.& Bissell as counsel for Entrepreneur Media,
`Inc.
`in the above-
`entitled action.
`
`‘Dated: May __, 1999
`
` .
`
`The Honorable Lourdes G. Baird
`United States District Court
`
`Judge
`
`2 Stipulation for Substitution of Counsel
`
`Arronwxs AT Law
`L-KTHAM 8: WATKINS oc__Docs\231s59,1
`0 name Covunr
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`

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`

`
`HENRY M. BISSELL (State Bar #31628)
`HENRY M. BISSELL IV (State Bar #161810)
`HENRY BISSELL, A PROFESSIONAL LAW CORPORATION
`6820 La Tijera Boulevard, Suite 106
`Los Angeles, California
`90045
`Telephone:
`(310) 645-1088
`Facsimile:
`(310) 645-5531
`
`Attorneys for Plaintiff
`ENTREPRENEUR MEDIA,
`INC.
`
`ow‘
`
`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`INC.,
`ENTREPRENEUR MEDIA,
`a California corporation,
`
`Plaintiff,
`
`V.
`
`g/~a\/\/\/\./\a\.4\./xzs/\/\.4
`
`STARDOCK SYSTEMS,
`a corporation,
`
`INC.
`
`Defendant.
`
`Case No. SACV-98-495 AHS (EEX)
`
`PLAINTIFF’S RESPONSE TO
`
`DEFENDANT’S FIRST SET OF
`INTERROGATORIES PROPOUNDED
`To PLAINTIFF ENTREPRENEUR
`
`MEDIA,
`
`INC.
`
`coco~Joz01shC0N3"
`
`10
`
`11
`
`12
`
`13
`
`p14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`Pursuant to Rule 33, Federal Rules of Civil Procedure,
`
`20
`
`plaintiff hereby submits its response to defendant's First Set of
`
`21
`
`Interrogatories Propounded to Plaintiff.
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`INTRODUCTION
`
`The actual
`
`interrogatories in defendant's paper are
`
`preceded by substantially irrelevant material.
`
`For example,
`
`in
`
`"Instructions" it is stated that
`
`Plaintiff
`
`shall produce
`
`the responses
`
`and
`
`documents
`
`in a manner consistent with the
`
`Federal
`
`and
`
`Local
`
`Rules
`
`of
`
`Civil
`
`L!T\RSP2lNT1.STA
`
`1
`
`0549
`
`

`
`-1ca01shQ)to*4
`
`service identified, state the date the service was first provided,
`
`state the last date on which the service was provided, state the
`
`monthly gross sales for each such service from the date of first
`
`use to the present, and describe the geographic markets in which
`
`the service has been provided.
`
`OBJECTION TO INTERROGATORY NO. 7.
`
`This interrogatory is objected to for being overbroad and
`
`unduly burdensome,
`
`as well
`
`as
`
`seeking
`
`information which
`
`is
`
`irrelevant
`
`to the subject matter at
`
`issue.
`
`Plaintiff's ‘mark
`
`ENTREPRENEUR. has been in use
`
`for more
`
`than 20 years
`
`and in
`
`association with trade shows and educational services since at
`
`least as early as October 18, 1991.
`
`It is unduly burdensome to
`
`require plaintiff to identify each of these various services in the
`
`detail sought by this interrogatory.
`
`ANSWER TO INTERROGATORY NO. 7.
`
`without waiving its objection, plaintiff answers this
`
`interrogatory as follows:
`
`Plaintiff has provided educational services, principally
`
`in the form of seminars and.workshops conducted in conjunction with
`
`its trade shows,
`
`since at
`
`least as early as January 9,
`
`1981.
`
`Plaintiff's early trade shows and seminars were associated with
`
`-laintiff’s service mark AMERICAN ENTREPRENEURS ASSOCIATION. Since
`
`May,
`
`1992, plaintiff's trade
`
`shows
`
`have
`
`been
`
`conducted
`
`in
`
`Expo" and then as "Entrepreneur Magazine's Small Business Expo".
`
`association with the mark ENTREPRENEUR, first as "Entrepreneur
`
`The seminars are principally included in the admission price to the
`
`Expo:
`
`therefore plaintiff has no separately stated sales figures
`
`LlI\RSP2lNT1.S7A
`
`11
`
`0559
`
`

`
`
`
`\]C7)C7‘'5(40K3""
`
`CO
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`for the educational services. These services have been provided in
`
`the following geographical markets: Northern California, Southern
`
`California, New York—New Jersey, Philadelphia-Southern New Jersey,
`
`Chicago, Ft. Lauderdale-Miami, Dallas-Ft. Worth and Georgia.
`
`In
`
`addition, at least one ENTREPRENEURIAL WOMAN seminar was held in
`
`Orange County in 1992 at which plaintiff's trademarked products and
`
`services were offered to the public.
`
`A fee was charged for that
`
`seminar. The revenues approximated $25,000.00. other educational
`
`services have included telephone counseling with respect to small
`
`business information and resources.
`
`Interrogatogy No.
`
`8
`
`State when the Plaintiff first obtained knowledge of
`
`Defendant's use of Plaintiff's Trademark, and with respect to such
`
`knowledge describe in detail
`
`the circumstances under which the
`
`Plaintiff acquired knowledge of Defendant's use,
`
`identify each
`
`employee,
`
`agent or
`
`attorney of Plaintiff who
`
`acquired the
`
`knowledge,
`
`and identify all documents,
`
`including any interview
`
`notes and published articles, with respect to when Plaintiff first
`
`20
`
`obtained knowledge of Defendants’ use.
`
`21
`
`22
`
`OBJECTION TO INTERROGATORY N0. 8.
`
`This interrogatory seeks the discovery of communications
`
`23 which are protected by the attorney/client privilege.
`
`24
`
`25
`
`26
`
`27
`
`ANSWER TO INTERROGATORY NO. 8.
`
`Without waiving that objection, plaintiff's trademark
`
`attorney, Henry M. Bissell, became aware of a newspaper clipping,
`
`which might have come from the wall Street Journal, which mentioned
`
`28 defendant's "new game called Entrepreneur" having an aggressive
`
`LH\RSP2lHH.STA
`
`12
`
`0560
`
`

`
`
`
`ENTREPRENEUR MEDIA,
`
`INC.
`
`Ronald L. Y
`Secretary
`
`Henry'Bissel1.Professional
`Law Corpo
`tion
`
`119
`(5
`
`‘_”"’~Q«
`-
`'
`Hegry M. Bissell
`At7orney for Plaintiff
`
`
`
`By:
`
`
`
`
`
`of its products and services marketed under the Trademark.
`
`The
`
`to Interrogatory No.
`
`11 above.
`
`The figure stated there as the
`
`accumulated total of expenditures within the past approximately 3
`
`1/2 years is at least $27 million. This figure is used because it
`
`has become available as a result of plaintiff's investigation
`
`8 during efforts to answer
`
`these interrogatories.
`
`Plaintiff's
`
`9 products and services have been marketed under the Trademark for
`
`10 more than 20 years, and therefore the overall total of expenditures
`
`11
`
`for advertising and promotion of plaintiff products and services
`
`12 marketed under
`
`the ENTREPRENEUR mark would greatly exceed the
`
`13
`
`figure given for the past 3 1/2 years, with a resultant higher
`
`14 valuation of plaintiff's Trademark and the goodwill associated
`
`15
`
`therewith.
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25 Dated: December
`
`3
`
`, 1998
`
`26
`
`27
`
`28
`
`LlT\RSP2lNT1.5TA
`
`13
`
`
`
`Dated: December 3 , 1998
`
`By:
`
`AS TO OBJECTIONS:
`
`

`
`

`
`Latham & Watkins Breaks $2 Billion Revenue Barrier - WSJ.com
`
`‘
`
`2/20/08 11350 AM
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`
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`February 11, 2008; Page B2
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`Marking a milestone for U.S. law firms, Latham & Watkins LLP said its 2007 gross revenue was
`just over $2 billion, the highest figure ever reported for a U.S.-based law firm. It was the first time a
`U.S.-based firm has said its revenue eclipsed $2 billion.
`
`"It was a nice year for us," said Latham Chairman Robert Dell.
`
`Whether the figure will vault Latham to the top spot in industry rankings by gross revenue remains
`to be seen. In 2006, Skadden, Arps, Slate, Meagher & Flom LLP had gross revenue of $1.85
`billion, the highest in the country, according to the American Lawyer magazine. Latham finished
`second with about $1.62 billion. A spokeswoman for Skadden declined to comment on either
`Latham's increase or on Skadden‘s 2007 revenue. The American Lawyer's armual report on law-firrn
`finances typically is published in May.
`
`Mr. Dell said Latham's increase wasn't attributable to a surge in any one practice area or part of the
`world. "We had nice increases without a merger or large lateral acquisition or any major contingency
`fee award," he said.
`
`Latham's announcement comes as large law firms around the country are starting to feel the effects
`of the market turmoil of the last several months. Mr. Dell said that in the second half of 2007, the
`firm saw a "defmite slowdown in certain segments of our finance practices, which later affected
`[merger and acquisition] activity." He said the firm's litigation-related practices remained strong
`through the year.
`
`Latham's 2007 profit per partner also rose substantially, to $2.27 million from about $1.86 million a
`year earlier. In 2006, several firms boasted higher profits-per-partner figures, according to the
`American Lawyer, published by ALM Properties Inc., which is owned by Incisive Media Ltd.
`
`Founded in 1934 in Los Angeles, Latham now has 24 offices around the world. Last year it opened
`offices in Barcelona and Madrid.
`
`http://online.wsi.com/article_print/SB120269357869457865.html
`
`Petitioner Exhibit #51
`
`1
`
`

`
`

`
`Trademark Trial and Appeal Board Electronic Filing System.
`ESTTA Tracking number:
`ESTTA15024
`
`Filing date:
`
`07/10/2007
`
`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
`
`Entity
`Address
`
`
`
`
`Entrepreneur Media, Inc.
`
`2445 McCabe Way
`Irvine, CA 92614
`UNITED STATES
`
`
`
`
`Citizenship
`
`California
`
`Attorney
`information
`
`ipdocket@ |w.com Phone:7145401235
`
`Mark A. Finkelstein
`Latham & Watkins LLP
`650 Town Center Drive Suite 2000
`Costa Mesa, CA 92626
`UNITED STATES
`
`Applicant Information
`
`Application No
`
`77027301
`
`Publication date
`
`06/12/2007
`
`
`
`Opposition Filing
`Date
`
`07/10/2007
`
`Opposition
`Period Ends
`
`07/12/2007
`
`Applicant
`
`Cheng, Victor
`784 Bain Place
`
`Redwood City, CA 64062
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`
`Class 009.
`
`All goods and sevices in the class are opposed, namely: Downloadable multimedia file containing
`artwork, text, audio, video, games, and Internet Web links relating to business and lifestyle
`information; Multimedia software recorded on CD-ROM featuring business and lifestyle information;
`
`Pre-recorded CD'S, video tapes, laser disks and DVD's featuring business and lifestyle information;
`
`Prerecorded audio cassettes featuring business and lifestyle information; Prerecorded digital audio
`
`tape featuring business and lifestyle information; Prerecorded digital video disks featuring business
`
`and lifestyle information; Prerecorded magnetic data carriers featuring business and lifestyle
`
`
`information; Prerecorded video cassettes featuring business and lifestyle information
`Applicant Information
`
`
`
`
`
`
`
`Application No
`
`77027165
`
`Opposition Filing
`Date
`
`07/10/2007
`
`Applicant
`
`Cheng, Victor
`784 Bain Place
`
`Redwood City, CA 94062
`UNITED STATES
`
`
`
`
`
`
`
`
`
`
`Publication date
`
`06/12/2007
`
`Opposition
`Period Ends
`
`07/12/2007
`
`Petitioner Exhibit #52
`
`

`
`Goods/Services Affected by Opposition
`
`
`Class 016.
`
`
`All goods and sevices in the class are opposed, namely: Educational publications, namely, training
`manuals in the field of BUSINESS; Journals concerning BUSINESS; Magazine columns about
`BUSINESS; Magazines featuring BUSINESS; Newspapers; Printed calendars; Printed
`
`correspondence course materials in the field of BUSINESS; Printed guides for BUSINESS; Printed
`
`informational cards in the field of BUSINESS; Printed informational folders in the field of BUSINESS;
`
`Printed instructional material on telecommunications; Printed instructional, educational, and teaching
`
`materials in the field of BUSINESS; Printed lectures; Printed lessons on BUSINESS; Printed
`
`periodicals in the field of BUSINESS; Printed seminar notes
`Applicant Information
`
`
`
`
`
`
`
`Application No
`
`77027215
`
`Publication date
`
`06/12/2007
`
`Opposition Filing
`Date
`
`07/10/2007
`
`Opposition
`
`07/12/2007
`
`Period Ends Applicant
`
`Cheng, Victor
`784 Bain Place
`
`Redwood City, CA 94062
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
` Class 041.
`All goods and sevices in the class are opposed, namely: Arranging of exhibitions, seminars and
`
`conferences; Arranging professional workshop and training courses; Conducting workshops and
`seminars in personal awareness; Developing educational manuals for others in the field of
`
`
`BUSINESS AND LIVING; Development and dissemination of educational materials of others in the
`
`
`field of BUSINESS AND LIVING; Education in the field of BUSINESS AND LIVING rendered through
`
`
`video conference; Educational and entertainment services, namely, providing motivational and
`
`
`educational speakers; Personal coaching services in the field of BUSINESS AND LIVING;
`
`Workshops and seminars in the field of BUSINESS AND LIVING
`Grounds for Opposition
`
`
`
`Priority and likelihood of confusion
`
`Trademark Act section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`
`
`Application Date
`
`Foreign Priority
`Date
`
` 11/13/1995
`
`NONE
`
`
`
`2263883
`
`07/27/1999
`
`ENTREPRENEUR
`
`NONE
`
`U.S. Registration
`No.
`
`Registration Date
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`
`
`Goods/Services
`
`
`
`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
`
`
`
`
`

`
`
`
`
`
`
`ENTREPRENEUR
`
`NONE
`
`L
`
`‘
`
`Class 009. First use: First Use: 1983/O5/19 First Use In Commerce: 1983/05/19
`
`U.S. Registration
`No.
`
`1453968
`
`Registration Date
`
`08/25/1987
`
`
`
`Application Date
`
`05/14/1985
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`Word Mark
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`
`
`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
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`
`
`Application Date
`
`Foreign Priority
`Date
`
`2502032
`
`10/30/2001
`
`ENTREPRENEUR
`
`NONE
`
`
`
` 1 1/06/2000
`
`
`
`
`
`
`NONE
`
`
`
`
`
`
`
`
`
`
`Goods/Services
`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 ln«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.
`
`2391145
`
`Registration Date
`
`10/03/2000
`
`Application Date
`
`04/02/1999
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`ENTREPRENEUR EXPO
`
`
`
`
`
`
`
`
`
`
`
`
`Design Mark
`Description of
`NONE
`Mark
`
`Goods/Services
`
`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
`
`
`
`Application Date
`
`05/16/2000
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`2587313
`
`07/02/2002
`
`
`U.S. Registration
`No.
`
`
`
`Registration Date
`
`
`
`
`
`

`
`
`
`
`
`
`
`Word Mark
`
`ENTREPRENEUR'S N@TPRENEUR
`
`Design Mark
`Description of
`NONE
`Mark
`
`Class 016. First use: First Use: 2000/O4/24 First Use In Commerce: 2000/04/24
`
`
`
`Publications, namely magazines in the fields of starting and running a small
`business and/or containing stories of individuals who succeeded in business
`which are of interest to the general public with particular attention to building,
`operating and growing an e-business
`
`
`
`
`Goods/Services
`
`
`
`
`
`
`
`Application Date
`
`12/04/2000
`
`Foreign Priority
`Date
`
`NONE
`
`U.S. Registration
`No.
`
`2600509
`
`Registration Date
`
`07/30/2002
`
`Word Mark
`
`ENTREPRENEUR'S NETPRENEUR
`
`Design Meik
`Description of
`NONE
`Mark
`
`
`
`
`
`Goods/Services
`
`Class 035. First use: First Use: 2000/04/04 First Use In Commerce: 2000/04/04
`
`
`
`
`
`
`Advertising and business services, namely, offering to provide Web site
`advertising to others; selling Web site advertising online; displaying magazine
`articles on a Web site published in E-Zine format; providing computerized online
`ordering services for the distribution of printed publications, books, magazines,
`reports and manuals containing advice for starting and operating small
`businesses
`
`
`
`U.S. Registration
`No.
`
`2565006
`
`Registration Date
`
`04/30/2002
`
`
`
`Application Date
`
`Foreign Priority
`Date
`
`Word Mark
`
`ENTREPRENEUR'S NETPRENEUR
`
`05/08/2000
`
`NONE
`
`
`
`
`
`Design Mark
`
`Description of
`Mark
`
`NONE
`
`Goods/Services
`
`
`
`
`
`
`
`
`Class 016. First use: First Use: 2000/04/04 First Use In Commerce: 2000/04/04
`
`
`
`Publications, namely magazines in the fields of starting and running a small
`business and/or containing stories of individuals who succeeded in business
`which are of interest to the general public with particular attention to building,
`operating and growing an e-business
`
`
`
`U.S. Registration
`No.
`
`3204899
`
`Registration Date
`
`02/06/2007
`
`Application Date
`
`03/27/2006
`
`Foreign Priority
`Date
`
`NONE
`
`
`
`
`
`
`Word Mark
`
`ENTREPRENEUR'S STARTUPS
`
`Design Meik
`Description of
`NONE
`Mark
`
`Goods/Services
`
`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
`
`

`
`Attachments
`
`76159837#TMSN.gif( 1 page )( bytes)
`75673295#TMSN.gif( 1 page )( bytes)
`76048888#TMSN.gif( 1 page )( bytes)
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`76042826#TMSN.gif( 1 page )( bytes)
`76657293#TMSN.gif( 1 page )( bytes)
`Scan.pdf ( 7 pages )(22739O bytes )
`
`
`
`/Mark A. Finkelsteinl
`Mark A. Finkelstein
`i 07/10/2007
`
`
`
`

`
`027788-0011
`
`1:
`
`.
`
`SERVICE MARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`OPPOSITION NO.:
`
`In re the Applications of Victor Cheng
`Serial Nos.:
`77/027301, 77/027165, 77/027215
`Filed:
`October 23, 2006
`Trademark: LIFESTYLE ENTREPRENEUR
`
`Published:
`
`June 12, 2007
`
`)
`
`) )
`
`)
`
`) )
`
`)
`
`) )
`
`Entrepreneur Media, Inc.,
`a California corporation,
`
`Opposer,
`
`V.
`
`Victor Cheng,
`a United States individual,
`
`)
`Applicant.
`_.___.____._________________?___l
`
`NOTICE OF OPPOSITION
`
`Commissioner for Trademarks
`P.O. Box 145 1
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`Alexandria, VA 22313-1451
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`Dear Sir or Madam:
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`Entrepreneur Media, Inc. (“EMI” , a California corporation, with a place of