Legal News

And the Entrepreneur of the Year Goes to . . . .

By Dan Slater

This year, that contest has taken on a slightly different shape than in years previous, and will be resolved by the SDNY’s Judge Alvin Hellerstein.

Ernst & Young, which, according to a complaint filed yesterday in federal court, has made a tradition out of recognizing influential business leaders with an Entrepreneur of the Year award, is suing Entrepreneur Media, publisher of Entrepreneur Magazine, alleging, among other things, unfair competition and infringement of E&Y’s trademark. Here’s the complaint.

Apparently, two decades ago E&Y registered the Entrepreneur of the Year Award mark with the USPTO, and has since used it to honor such business icons as Michael Dell, Howard Schultz, Steve Case and Wayne Huizenga. According to the suit, when Entrepreneur Magazine began giving out its own Entrepreneur of the Year Award, E&Y sent a cease & desist, and Entrepreneur Magazine responded by filing for a declaratory judgment in California federal court.

According to Ryan Shea, Entrepreneur Media’s Corporate Publisher, “Entrepreneur Media, Inc. sued Ernst & Young nearly two months ago in a California federal court to establish that Ernst &Young’s ‘Entrepreneur of the Year’ trademark is generic and unenforceable. Countless organizations hold entrepreneur of the year awards ceremonies and have been doing so for decades.”

E&Y is being repped by Craig Mende, David Donahue and Betsy Judelson Newman of Fross Zelnick Lehrman & Zissu, a firm that apparently has a good track record defending the intellectual property rights associated with the “Good Luck Troll” doll.

On Entrepreneur Media’s side are Jeffrey Patterson, Michael Adele, Michael Holmes and Cheryl Withycomble from the law firm of — deep breath — Allen Matkins Leck Gamble Mallory & Natsis.

A call to Entrepreneur Media was not immediately returned.

Full post as published by Law Blog - WSJ.com on July 29, 2008 (boomark / email).