Entrepreneur Media, Inc., a California Corporation v. Scott Smith, an Individual Dba Entrepreneurpr

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.

I. BACKGROUND

A. Entrepreneur Media, Inc.

Since 1978, the appellee EMI has published Entrepreneur magazine, a monthly publication geared towards small businesses and their owners. Entrepreneur has a paid circulation of approximately 540,000 and sells for $3.95 on newsstands. Advertisements in Entrepreneur cost the advertiser from $12,000 to just over $60,000 per issue. EMI also publishes other magazines, books, computer software, and audio and video tapes, and participates in trade shows and seminars, all in connection with the world of small business.

EMI has a Web site with the domain names “entrepreneur.com” and “entrepre-neurmag.com.” On the Web site, visitors can view on-line versions of Entrepreneur magazine, subscribe to the…