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Chapter 3
Men Are Cheaper Than Guns


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Intellectual Capital And Bootstrapping


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"Entrepreneur:" A Trademark With Respect To "BOOKS" ?!

It is interesting to note that Entrepreneur Media, Inc.'s earliest trademark of the single word "entrepreneur" explicitly lists "BOOKS" as protected products. It seems hard to believe that such a trademark was ever registered.

The word "entrepreneur" is in common usage among book authors who write about entrepreneurship, including authors who define themselves as an "entrepreneur." When used in books, the use of the word "entrepreneur" follows the generic dictionary definition of the word. A search of Books In Print shows that 761 books are associated with the single word "entrepreneur." Of these, 56 books are published by Entrepreneur Media, Inc. A small sample of book titles making use of the word "entrepreneur" include:

Books using "Entrepreneur" in its generic sense:

(non-Entrepreneur Media, Inc. titles):

The Rise of the Entrepreneur by J. W. Gough Published by B.T. Batsford, Ltd. in 1969.

Entrepreneur by Lynn, Richard. Published by Beekman Publishers, Incorporated in 1973.

The Entrepreneur by Broat, I. G. Published by Atheneum Books for Young Readers in 1978.

The Entrepreneur's Handbook by Mancuso, Joseph. Published in 1974 by Artech House, Incorporated.

Entrepreneur's Guide by Brown, Deaver. Published by Macmillan Publishing Company in 1980.

The Making of an Entrepreneur: Keys to Your Success by Ballas, George C et al. Published by Prentice Hall PTR in 1980.

The Entrepreneur's Guide to Restaurant Expansion. Published by Lebhar-Friedman Books in 1982.

Entrepreneur's Marketing Guide by Smith, Roger. Published by Prentice Hall PTR in 1984.

Entrepreneur's Guide Holland, Phillip. Published by Viking Penguin in 1986.

Entrepreneur's Information Sourcebook by Bafaro, Johanna et al. Published by Entrepreneurs Productions in 1985.

The Entrepreneur's Guide to Doing Business with the Federal Government: A Guide for Small & Growing Businesses by Bevers, Charles et al. Published by Prentice Hall Books in 1989.

The Entrepreneur's Guide to Growing Up: Taking Your Small Company to the Next Level by Sheedy, Edna. Published by Self-Counsel Press, Incorporated in 1999.

The Economist Pocket Entrepreneur by Barrow, Colin. Published by Blackwell Publishers in 1987.

The Student Entrepreneur's Guide: How to Start & Run Your Own Business by Kingstone, Brett M. Published by Ten Speed Press in 1981.

Determining Your Potential As an Entrepreneur Module, PACE: A Program for Acquiring Competence in Entrepreneurship by National Center for Research in Vocational Education Staff. Published by Center on Education & Training for Employment in 1983.

Colombian Entrepreneur in Bogota by Lipman, Aaron. Published by University of Miami Press in 1969.

Entrepreneur: A Simulation by Smith, Jerald R. Published by Houghton Mifflin Company in 1987.

Entrepreneur's Survival Guide: One Hundred One Tips for Managing in Good Times & Bad by Cullinane, John J. Published by McGraw-Hill Education Group in 1992.

The Entrepreneur's Master Planning Guide: How to Launch A Successful New Business by Welsh, John A et al. Published by Prentice Hall PTR in 1983.

The Entrepreneur by Hebert, Robert F et al. Published by Greenwood Publishing Group, Incorporated in 1982.

The Entrepreneur: An Economic Theory by Casson, Mark. Published by Barnes & Noble Books-Imports in 1982.

The Entrepreneur & Small Business Problem Solver: An Encyclopedia Reference & Guide by Cohen, William A. Published by John Wiley & Sons, Incorporated in 1984.

Entrepreneur & Gentleman: The Case History of a Japanese Business by Sueno, Akira et al. Published by Tuttle Publishing in 1977.

The Entrepreneur's Guide: How to Start & Succeed in Your Own Business by Holland, Philip. Published by Penguin Putnam Books for Young Readers in 1985.

The Brass Tacks Entrepreneur by Schell, Jim. Published by Henry Holt & Company, LLC in 1993.

Entrepreneur's Handbook by Lonsdale, Roberta E et al. Published by Sterling House Publishers in 1998.

The Beginning Entrepreneur by Matthews, John. Published by McGraw-Hill Trade in 1995.

The Black Entrepreneurs Guide to Money Sources: Where to Get It! by Broadnax, Derek A. Published by Black Entrepreneurs Press in 1992.

The Black Entrepreneurs Guide to Million Dollar Business Opportunities by Broadnax, Derek A. Published by Black Entrepreneurs Press in 1990.

What Every Black African-American Should Know to Gain Financial Success in the 90's by Broadnax, Derek A Published by Black Entrepreneurs Press in 1991.

Thoughts to Be Added To...: How One Successful Entrepreneur Thinks by Bailey, C J Entrepreneur Projects in 1987.

The Computer Entrepreneur Manual. Published by Computer Entrepreneur Publishing Company.

The Washington Entrepreneur's Guide by University Press Staff published by M B D C Entrepreneur in 1993. Also published in 1997.

Montana Entrepreneur's Guide: How to Start & Manage a Business in Montana by Larson, Paul. Published by M B D C Entrepreneur in 1995.

Utah Entrepreneur's Guide by University MT Staff. Published by M B D C Entrepreneur in 1995.

Virginia Entrepreneur's Guide by University MT Staff. Published M B D C Entrepreneur in 1994.

Nathan Appleton, Merchant & Entrepreneur, 1779-1861 by Gregory, Frances W. Published by University Press of Virginia in 1976.

JP Rufio, Entrepreneur: An American Success Story by Nadworny, Laura. Published by d'ARCY LIAT in 1983.

Going for It! How to Succeed As an Entrepreneur by Kiam, Victor. Published in 1986 by Morrow/Avon.

The Entrepreneur's Planning Handbook by Buskirk, Richard H. Published by Entrepreneurial Education Foundation in 1997.

The Entrepreneur's Guide to Starting a Successful Business by Halloran, James W. Published by The McGraw-Hill Companies in 1992.

Entrepreneur's Complete Self-Assessment Guide: How to Accurately Determine Your Potential for Success by Gray, Doug. Published by Self-Counsel Press, Incorporated in 1990.

Entrepreneur's Complete Self-Assessment Guide by Lang, Jim. Published by Kogan Page, Limited in 1996.

Entrepreneur: From Zero to Hero by Banfe, Charles. Published by John Wiley & Sons, Incorporated in 1991.

The Role of the Entrepreneur-Educator in Private Business Education in the United States from 1850-1915: A Study in Conditioned Entrepreneurship by Mellon, Donald E et al.

The Entrepreneur: Concepts & Cases on Creativity in Business by Stapleton, Richard J. Published by University Press of America in 1985.

The Entrepreneur by Kao, John. Published by Prentice Hall PTR in 1990

The Entrepreneur's Fast Trac II Handbook with Fast Trac Business Resources CD by Price, Courtney et al. Published by Entrepreneurial Education Foundation

The Making of an Entrepreneur: Keys to Your Success by Ballas, George C et al.. Published by Hungry Minds, Incorporated, in 1980.

The Entrepreneur's Guide to Capital: More Than 40 Techniques for Capitalizing & Refinancing New & Growing Businesses by Lindsey, Jennifer.

The Entrepreneur's Guide to Capital : Over 150 Proven Ways to Raise Capital for New & Growing Businesses by Lindsey, Jennifer. Published by McGraw-Hill Education Group in 1989.

The Entrepreneur by Nisbet, James D et al. Published in 1976 by Capital Technology, Incorporated.

The Start up Entrepreneur: How You Can Succeed at Building Your Own Company or Enterprise Starting from Scratch by Cook, James. Published by Dutton/Plume in 1986

Hail Entrepreneur!: An Encyclopedia of Basic Survival Skills by Lowe, Edward.

Entrepreneur Smart: Starting Your Own Business by Kushell, Jennifer.

How to Succeed As An Entrepreneur by Kiam, Victor (audio-book cassette)

How to Start a Retirement Business (The 21st Century Entrepreneur)
by Jacqueline K. Powers

How to Open a Franchise Business (The 21st Century Entrepreneur)
by Mike Powers

How to Open Your Own Store (The 21st Century Entrepreneur) by Michael Antoniak

The Entrepreneur's Complete Sourcebook by Alexander Watson Hiam, Karen Olander

Start-Up! : The Entrepreneur's Guide to the Art of New Business Finance & Planning
by T. Jefferson Straub.

The Complete Entrepreneur : The Only Book You'll Ever Need to Manage Risk and Build Your Business Wealth by Mark A., Cpa Peterson

Start Up Marketing : An Entrepreneur's Guide to Advertising, Marketing and Promoting Your Business by Philip R. Nulman

Visionary Business : An Entrepreneur's Guide to Success by Marc Allen (Narrator)

Small Business Management : An Entrepreneur's Guide to Success by William L. Megginson (Editor), et al

Financial Planning for the Entrepreneur by Donald E. Vaughn (Hardcover)

The Frugal Entrepreneur : Creative Ways to Save Time, Energy & Money in Your Business by Terri Lonier

Jacques Legardeur De Saint-Pierre : Officer, Gentleman, Entrepreneur by Joseph L. Peyser

The Commonsense MBA : Lessons and Encouragement for the Entrepreneur
by Richard M. Astle

Jerome M. Smucker : Pioneer Mennonite Entrepreneur
by Donovan E. Smucker

The Lemonade Stand : A Guide to Encouraging the Entrepreneur in Your Child
by Emmanuel Modu, et al

Never Say Impossible : The Life and Times of an American Entrepreneur by John H. Perry

The Young Entrepreneur's Guide to Starting and Running a Business by Steve Mariotti, et al

How to Make Millions With Your Ideas : An Entrepreneur's Guide by Dan S. Kennedy

Starting Your Own Business : An Easy to Follow Guide for the New Entrepreneur by Joe Love

The Offshore Entrepreneur : Profit & Opportunity Have No Borders by Adam Starchild

The Montana Entrepreneur's Guide by Paul Larson

Mary Kay You Can Have It All : Lifetime Wisdom from America's Foremost Woman Entrepreneur by Mary Kay Ash

Unleash the Entrepreneur Within : How to Make Everyone an Entrepreneur and Stay Efficient by Mitch McCrimmon

Guerrilla Marketing Online : The Entrepreneur's Guide to Earning Profits on the Internet by Jay Conrad Levinson, Charles Rubin (Contributor)

Pricing Guide for Desktop Services: Street Smart Pricing for the Small Business Entrepreneur by Robert C. Brenner

The Utah Entrepreneur's Guide by Press University (Library Binding)

Nurse Entrepreneur: Building The Bridge of Opportunity by Carolyn S. Zagury

Doing Business in Russia : Basic Facts for the Pioneering Entrepreneur by Tankred G. Golenpolsky

The Entrepreneur's Road to Business Success and Personal Freedom : 101 Proven Tips for Your Small Business by John O. Graybill

Generation Entrepreneur by Stuart Crainer Des Dearlove

Generation E <Entrepreneur> : The Do-It-Yourself Business Guide for Twentysomethings and Other Non-Corporate Types by Joel Naftali, Lee Naftali, Joel E. Ross, Lee Nichols (Contributor)

Web Entrepreneur (Coolcareers.Com) by Walter G. Oleksy

College Entrepreneur Handbook : Ideas for a College Based Business by Jonathan Reed Aspatore.

From Professional to Entrepreneur by Becky Dorner

The Effective Entrepreneur: How to Make Bad Guys Finish Last by Gardner H. Russell

The Real World Entrepreneur Field Guide : Growing Your Own Business by Linda Pinson, David H., Jr. Bangs

Entrepreneur's Fieldbook, The by John B. Vinturella

Economists, Entrepreneurs and the Pursuit of Economics: An Analysis of the Views of the Entrepreneur among the Economists of the Classical Period and their Difference by Urmila Goel

Street Smart Entrepreneur : 365 Steps to a Successful Startup (Street Smart Series) by Kris Jamsa

Thinking Like An Entrepreneur by Peter I. Hupalo

The Entrepreneur's Guide to Equity Compensation

You Can Farm : The Entrepreneur's Guide to Start & Succeed in a Farming Enterprise by Joel Salatin (Introduction), Allan Nation

How to Start and Run Your Own Retail Business : Expert Advice from a Leading Business Consultant and Entrepreneur by Irving Burstiner

The New Entrepreneur's Guidebook : Leading Your Venture to Business Success by Paul McClure, Bill Christopher

The Anonymous Entrepreneur: 12 Steps to Build the Entrepreneurial Attitude by Chad J. Simmons, Premila Borchardt (Illustrator), Linda Brems (Illustrator)

Telecom Business Opportunities : The Entrepreneur's Guide to Making Money in the Telecommunications Revolution by Steven Rosenbush

The Entrepreneur's Guide to Sewn Product Manufacturing by Kathleen Fasanella

The Street Smart Entrepreneur: 133 Tough Lessons I Learned the Hard Way by Jay Goltz, Jody Oesterreicher

The General Theory of Profit Equilibrium : Keynes and the Entrepreneur Economy by Connell Fanning, David O. Mahony, David O'Mahony, Jo Campling

The Entrepreneur's Business Law Handbook by Sean P. Melvin

Start Up Financing : An Entrepreneur's Guide to Financing a New or Growing Business by William J. Stolze

Beyond the Timberline : The Trials and Triumphs of a Black Entrepreneur by T.M. Alexander Sr, T. M. Alexander

The Tenth Street Studio Building : Artist-Entrepreneur from the Hudson River School to the American Impressionists by Annette Blaugrund

The Entrepreneur's Guide to Business Law by Constance E. Bagley, Craig E. Dauchy. Published by West Legal Studies in 1997.

Entrepreneur Secret Manual of Do's and Don'ts by L. A. Safar

Entrepreneuring : 10 Commandments for Building a Growth Company (Build Your Business Guides) by Steven C. Brandt

Marketing Strategies For Home-Based Business Entrepreneurs

Ginning Cotton : An Entrepreneur's Story by A. L. Vandergriff

Making It Your Business : The Personal Transition from Employee to Entrepreneur by Melvin J. Gravely

No Experience Necessary : Young Entrepreneur's Guide to Starting a Business by Jennifer Kushell.

Great Careers for People Interested in Being an Entrepreneur by Lang, Jim. Published by Kogan Page, Limited in 1996.

How to Be an Entrepreneur by Phillipson, Ian. Published by Kogan Page, Limited in 1995.

The Start-up Entrepreneur: How You Can Succeed at Building Your Own Company or Enterprise Starting from Scratch by Cook, James R. Published by Dutton/Plume in 1997.

The Entrepreneur's Road to Business Success & Personal Freedom by Graybill, John O. Published by AMACOM in 1995.

The Black Entrepreneur's Guide to Success by Gravely, Melvin J II et al.. Published by APU Publishing Group in 1995.

The Teenage Entrepreneur's Guide: 50 Money-Making Business Ideas by Riehm, Sarah L. Published by Surrey Books in 1987.

A Survival Guide for the Novice Entrepreneur: Crucial Things You Need to Know - If You Wanted to Survive & Succeed by Burge, Joan M. Published by Hampton Roads Publishing Company, Incorporated in 1993.

The Import Export Entrepreneur by Rahaim, Michael. Published by Ameritrade in 1989.

How to Become a Successful Entrepreneur by McBee, Wanda N. Published by Wanda McBee in 1986.

The Home-Based Entrepreneur: The Complete Guide to Working at Home by Pinson, Linda et al.. Published by Dearborn Trade in 1993.

The Flea Market Entrepreneur by Harmon, Charlotte. Published by Pilot Books in 1987.

The Florida Entrepreneur by Parkin, Bond L. Published by Pineapple Press, Incorporated in 1994.

The Entrepreneur's Guide to Buying a Cellular Telephone by Stevens, Chris. Published by Sharon Brown Publisher in 1993.

The Entrepreneur's Guide to Building a Better Business Plan: A Step-by-Step Approach by McLaughlin, Harold J. Published by John Wiley & Sons, Incorporated in 1992.

The Entrepreneur: An Economic Theory by Casson, Mark. Published by Gregg Revivals in 1992.

The Entrepreneur: Concepts & Cases on Creativity in Business by Stapleton, Richard J. Published by University Press of America in 1985.

The Computer Entrepreneur: How to Get a Second Income Using Your Personal Computer. Published by Gordon Press Publishers in 1987.

The Christian Entrepreneur by Kreider, Carl. Published by Herald Press in 1980.

The Chicago Entrepreneur's Sourcebook by Giovagnoli, Melissa et al. Published by Dearborn Trade in 1992.

Brass Entrepreneur by Schell, Jim. Published by Henry Holt & Company, LLC in 1994.

African Entrepreneur: A Study of Entrepreneurship & Development in Kenya by Marris, Peter et al. Published by Holmes & Meier Publishers, Incorporated, in 1972.

The Real World Entrepreneur Field Guide by Bangs, David H Jr et al. Published by Dearborn Trade in 1999.

The Young Entrepreneur's Edge: Using Your Ambition, Independence, & Youth to Launch a Successful Business by Kushell, Jennifer et al. Published by Random House, Incorporated, in 1999.

The Complete Idiot's Guide to Being a Successful Entrepreneur by Sortino, John Macmillan USA, in 1999.

The Ten-Minute Entrepreneur by Stevens, Mark. Published by Warner Books, Incorporated, in 1985.

Selcom's Entrepreneur's Directory by Self, William S. Published by Selcom Dynamics in 1989.

Entrepreneur's Home School by Lamp Light Press Staff. Published by Prosperity & Profits Unlimited, Distribution Services in 1993.

The Entrepreneur in Local Government by Moore, Barbara H et al. Published by International City/County Management Association in 1983.

The Entrepreneur's Guide by Brown, Deaver. Published by Ballantine Publishing Group Mass Market in 1986.

Being an Entrepreneur in Texas by Brogdon, Anthony et al. Published by Multi Business Concepts in 1991.

Being an Entrepreneur in Alabama by Brogdon, Anthony et al. Published by Multi Business Concepts in 1991.

Being an Entrepreneur in New Jersey by Brogdon, Anthony et al. Published by Multi Business Concepts in 1991.

Being an Entrepreneur in California by Brogdon, Anthony et al. Published by Multi Business Concepts in 1991.

Being an Entrepreneur in Michigan by Brogdon, Anthony et al. Published by Multi Business Concepts in 1991.

The Uncommon Entrepreneur by Gallander, Benjamin. Published by Insomniac Press in 1999.

The Stay-at-Home Entrepreneur: 125 Ways to Earn Money While Raising Your Family by David, Jay Published by Morrow/Avon in 1999.

Web Entrepreneur by Oleksy, Walter Published by Rosen Publishing Group in 1999.

Business plan for America : an entrepreneur's manifesto by Gevirtz, Don. Published: New York : G.P. Putnam's Sons, c1984

Business planning for the entrepreneur : how to write and execute a business plan by Edward E. Williams and Salvatore E. Manzo. Published: New York : Van Nostrand Reinhold, c1983.

Change and the entrepreneur, postulates and patterns for entrepeneurial history.

Corporate Name: Harvard University. Research Center in Entrepreneurial History. Published: [Cambridge] Harvard University Press, 1949.

Cutting bureaucracy : encouraging entrepreneurs prepared by Business International S.A. Published: Geneva ; New York, N.Y. (1 Dag Hammarskjold Plaza, New York 10017) : Business International, c1986.

What are we to make of all these "Entrepreneur" titles?

In most cases, the use of the word "entrepreneur" or its variants refers to the book's target audience, as in "This book is for entrepreneurs." Notice, in particular, how commonly "entrepreneur's guide" is used.

A title such as, The Entrepreneur's Guide to Business Law (Published by West Legal Studies) could be confusing as to its proprietary source, if we allow "Entrepreneur" to be accepted as the trademarked source of products by Entrepreneur Media, Inc. Allowing a trademark of the word "entrepreneur" by a company selling products to entrepreneurs would impose upon authors and publishers an unfair burden by denying them generic use of the word "entrepreneur" in writing about entrepreneurs and entrepreneurship.

Entrepreneur Media, Inc. cannot make an adequate distinction between generic use of the word "entrepreneur" and its own claimed "proprietary" use of the word. For example, The Entrepreneur's Guide to Business Law clearly makes generic use of the word "Entrepreneur" but it is used in such a manner that it could be mistaken for the source of the guide if "entrepreneur" were deemed a valid trademark. It is unfair to allow Entrepreneur Media, Inc. to selectively punish innocent, generic use of the word "entrepreneur."

It is illustrative to notice how Entrepreneur Media, Inc. typically titles its own books. Below are some representative examples:

The Entrepreneur Magazine Small Business Advisor (Entrepreneur Magazine (Paper)) by Inc Staff Entrepreneur Media

Entrepreneur Magazine: Bringing Your Product to Market by Don Debelak

Entrepreneur Magazine: Human Resources for Small Businesses by William R. Sullivan

Entrepreneur Magazine: Small Business Legal Guide by Barbara C. S. Shea, Jennifer Haupt (Contributor), Barbara S. Shea

Entrepreneur Magazine : Organizing and Promoting Seminars (Entrepreneur Magazine Series (Paper)) by Entrepreneur Magazine

Entrepreneur Magazine: Starting an Import/Export Business

Entrepreneur Magazine Guide to Raising Money : Guide to Raising Money (Entrepreneur Magazine Series (Paper)) by Entrepreneur Magazine

Entrepreneur Magazine: Guide to Integrated Marketing by Jeanette Smith

Entrepreneur Magazine's Knock-Out Marketing : Powerful Strategies to Punch Up Your Sales by Jack Ferreri

Entrepreneur Magazine : Starting a Home-Based Business (Entrepreneur Magazine Series (Cloth))

Entrepreneur Magazine : Making Money With Your Personal Computer (Entrepreneur Magazine Series (Cloth))

Entrepreneur Magazine Small Business Legal Guide by Barbara S. Shea, Jennifer Haupt

Encyclopedia of Entrepreneurs (Entrepreneur Magazine Library) by Anthony Hallett, Diane Hallett

Entrepreneur Magazine's 184 Businesses Anyone Can Start and Make a Lot of Money

How to Run a Catering Business from Home and the Entrepreneur Magazine Small Business Answer by Christopher Egerton-Thomas

Entrepreneur Magazine Presents Kiosks and Cart Business Opportunities

Entrepreneur Magazine's How To Become An Internet Entrepreneur

In the minds of consumers, if "entrepreneur" referred to the source of books and products for entrepreneurs by Entrepreneur Media, Inc., the use of the word "magazine" in the above book titles would be superfluous. Entrepreneur Media, Inc. must insert the word "magazine" after "entrepreneur" before potential book buyers will potentially become aware that the book is associated with Entrepreneur Magazine and/or Entrepreneur Media, Inc. This demonstrates that Entrepreneur Media, Inc., itself, recognizes "entrepreneur" as inadequate to identify Entrepreneur Media Inc. as the source of their own books. Not only does use of the word "entrepreneur" by the industry primarily refer to its dictionary usage, there is, at best, if any, a very weak association to Entrepreneur Media, Inc. when the word "entrepreneur" appears alone.

Most recently, Entrepreneur Media, Inc. appears to be trying to lose the "Magazine" qualifier on some of its products and to partially rebrand its identity as "Entrepreneur" in an attempt to capture the word "entrepreneur" from the public domain.

For example, for a book published in October, 2001, Entrepreneur Media, Inc. has chosen the title Entrepreneur's Ultimate Start-Up Directory : 1,350 Great Business Ideas.

We can compare the above title by Entrepreneur Media, Inc. to non-Entrepreneur Media, Inc. titles such as:

-- The Entrepreneur's Handbook, by Joseph Mancuso, which was published by Artech House in 1974, four years before Entrepreneur Media, Inc. existed.

--Entrepreneur's Guide by Deaver Brown, published by Macmillan Publishing Company in 1980, two years before Entrepreneur Media, Inc. trademarked "entrepreneur."

-- The Entrepreneur's Guide to Restaurant Expansion published by Lebhar-Friedman Books in 1982, the year of the first Entrepreneur Media, Inc. trademark of "entrepreneur."

-- The Entrepreneur's Planning Handbook published by Entrepreneurial Education Foundation in 1997.

-- The Entrepreneur's Guide to Capital: More Than 40 Techniques for Capitalizing & Refinancing New & Growing Businesses, published by McGraw-Hill Education Group.

-- The Entrepreneur's Guide to Starting a Successful Business by James Halloran, published by McGraw-Hill Companies in 1992.

--Entrepreneur's Complete Self-Assessment Guide: How to Accurately Determine Your Potential for Success by Doug Gray, published by Self-Counsel Press, Incorporated in 1990.

-- The Entrepreneur's Guide: How to Start & Succeed in Your Own Business by Philip Holland, published by Penguin Putnam Books for Young Readers in 1985.

-- Entrepreneur's Marketing Guide by Roger Smith, published by Prentice Hall PTR in 1984.

-- The Entrepreneur's Master Planning Guide: How to Launch A Successful New Business by John Welsh, published by Prentice Hall PTR in 1983.

-- Entrepreneur's Survival Guide: One Hundred One Tips for Managing in Good Times & Bad by John Cullinane, published by McGraw-Hill Education Group in 1992.

-- Entrepreneur's Information Sourcebook by Johanna Bafaro, published by Entrepreneurs Productions in 1985.

-- Entrepreneur's Home School by Lamp Light Press in 1993.


Is it reasonable to assume that Entrepreneur Media, Inc.'s use of "entrepreneur's" is adequate to distinguish Entrepreneur Media, Inc.'s book, Entrepreneur's Ultimate Start-Up Directory, from the above competitors' titles which use "entrepreneur's" in its common, generic sense? As The Entrepreneur's Handbook, by Joseph Mancuso shows, such generic use when selling to entrepreneurs predates the existence of Entrepreneur Media, Inc.

We have to ask ourselves the question: Does Entrepreneur Media, Inc. intend for "Entrepreneur's" in the above title to refer to the dictionary definition of "entrepreneur" or is it intended to refer to Entrepreneur Media, Inc. by the proprietary, trademarked reference of "entrepreneur"? Or, is the use intended to confuse and blur the distinction between generic use and claimed proprietary use in the minds of readers?

If Entrepreneur Media, Inc.'s use is purely generic, it is clear that Entrepreneur Media, Inc. is attempting to benefit from the widespread understanding of the generic word "entrepreneur" in regard to promoting its products to entrepreneurs, while simultaneously trying to deny and restrict other companies and competitors from using the generic word "entrepreneur." This indicates "entrepreneur" is a generic word within Entrepreneur Media, Inc.'s industry and, thus, Entrepreneur Media, Inc.'s trademarks of "entrepreneur" should be cancelled.

If (which seems the more likely case) Entrepreneur Media, Inc.'s use of "Entrepreneur's" in the above book is intended to be along a proprietary usage or semi-proprietary usage, we can conclude the following: Entrepreneur Media's non-generic use of the word "entrepreneur" overlaps 100% with the heartland, generic definition and is indistinguishable from it, and, thus, Entrepreneur Media, Inc.'s trademarks of "entrepreneur" should be cancelled due to genericness.

Entrepreneur Media, Inc.'s title, Entrepreneur's Ultimate Start-Up Directory, clearly shows the inappropriateness of Entrepreneur Media, Inc. holding a trademark of the generic word "entrepreneur" with respect to print publications. Claimed non-generic use and generic use are the same. We also reiterate that once a word is established within the public domain it cannot be captured as a trademark by a company promoting the word as a proprietary reference when the word is used within its heartland definition. Hence, any association that Entrepreneur Media, Inc. is able to create between the sole word "entrepreneur" and itself is irrelevant as evidence of claimed non-genericness of "entrepreneur." Any such association cannot be protected by a trademark.

Despite the overwhelming generic use of "entrepreneur" in book titles, Entrepreneur Media, Inc.'s Trademark Serial Number 73537579 explicitly lists "BOOKS" among its protected goods and services.

While our position is that the word "entrepreneur" is clearly generic within the industry serving entrepreneurs and thus "entrepreneur" is an inappropriate trademark for Entrepreneur Media, Inc., even if "entrepreneur" were held to be merely descriptive of Entrepreneur Media, Inc.'s products (and not generic), to trademark the single word "entrepreneur," it would need to have been shown to the United States Patent And Trademark Office that there was secondary meaning associated with the single word "entrepreneur." This means that in addition to the primary meaning of "entrepreneur" that potential buyers of books about starting a business and entrepreneurship (by definition, entrepreneurs) would need to make an association between the single word "entrepreneur" when the word appeared on books and within the context of describing books as products and the company Entrepreneur Media, Inc. Such a claim is simply ludicrous. No small business expert or writer we know makes any association between the single word "entrepreneur" when it appears in a book title and the company Entrepreneur Media, Inc.




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