Scott Smith v. Entrepreneur Media, Inc.

MEMORANDUM

Scott Smith appeals pro se from the district court’s judgment dismissing his action brought under the Lanham Act seeking review of the Trademark Trial and Appeal Board’s denials of his petitions for cancellation' of two Entrepreneur Media, Inc. (“EMI”) trademarks. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir. 2010) (dismissal under Fed. R. Civ. P. 12(b)(6)); San Diego Cty. Gun Rights Comm. v. Reno, 98 F.3d 1121 , 1124 (9th Cir. 1996) (dismissal for lack of standing). We affirm.

The district court properly dismissed Smith’s claim challenging the “Entrepreneur Expo” mark for lack of standing because Smith had previously been enjoined from using colorable imitations of EMI’s “Entrepreneur” mark for advertising and business services. See Star-Kist Foods, Inc. v. P.J. Rhodes & Co., 735 F.2d 346, 349 (9th Cir. 1984) (petitioner must show a real and rational basis for belief that he would be damaged by registration of the mark he seeks to cancel that stems from an actual commercial or pecuniary interest in his own mark); see also Wolfard Glassblowing Co. v. Vanbragt, 118 F.3d 1320, 1322-23 (9th Cir. 1997)…