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ENTREPRENEUR MEDIA, INC. v. SMITH

No. 00-56559.

279 F.3d 1135 (2002)

ENTREPRENEUR MEDIA, INC., A California Corporation, Plaintiff-Appellee, v. Scott SMITH, an Individual dba Entrepreneurpr, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 11, 2002.

Attorney(s) appearing for the Case

Jeffrey S. Kravitz, Sacramento, CA, for the defendant-appellant.

Mark A. Finkelstein, Latham & Watkins, Costa Mesa, CA, for the plaintiff-appellee.

Before BFLETCHER, T.G. NELSON, and BERZON, Circuit Judges.

BERZON, Circuit Judge.

Entrepreneur Media, Inc. ("EMI"), publisher of Entrepreneur magazine, contends that Scott Smith infringed EMI's federally registered trademark "ENTREPRENEUR" by using the word "entrepreneur" in connection with his public relations company. The district court, Cooper J., granted summary judgment in favor of EMI on its trademark infringement claims, and Smith appeals. We affirm in part, reverse in part, and remand for a trial on the merits.

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