If the Shoe Fits: Patent Anything
by Miki SaxonA Friday series exploring Startups and the people who make them go. Read all If the Shoe Fits posts here
Pretty much anyone breathing who has any link to the tech world is familiar with the patent lawsuit that Apple just won (for now) over Samsung.
It reminded me of an episode of Shark Tank when Mark Cuban blew his top over the entrepreneur’s patent contending that it should never have been issued.
I would love to hear his reaction to Apple’s patented rounded corners (that obviously predate not just the iPhone, but Apple itself).
And that train of thought reminded me of something I wrote for Technorati last year about Entrepreneur Magazine; here it is slightly updated for accuracy.
What better way to win the hearts and eyeballs of your target market than by suing them?
Talk about lousy customer service.
But that’s the approach taken by Entrepreneur Media Inc. (EMI), publishers of Entrepreneur magazine and associated properties, such as entrepreneur.com.
The original founder trademarked “entrepreneur,” which seems contrary to the concept of “distinctiveness” (Patent Office info), but what do I know?
Policing the use of ‘entrepreneur’ are the 2,000 lawyers employed by Latham & Watkins who work out of 31 offices around the world.
We’re not talking just about letters; they go after small biz in court and win big judgments.
I had a joint venture with Bun in a Can called Watch Startup Café where we posted videos of entrepreneurs talking about their companies and the passion that drove them to do it.
We almost named it “Meet the Entrepreneurs”—lucky for us we didn’t.
I wonder if I should expect a cease and desist letter for Thursday’s Entrepreneur posts.
There has been much talk about the need to update the US Patent and Trademark Office and how tough it is to get protection for new services, business processes, etc.
It’s probably simplistic of me, but I think the Patent Office should clean up its old messes, too.
One thing that might help is if instead of protesting in comment sections those who move in the entrepreneurial world canceled their subscriptions.
That is what I’m doing.
“Entrepreneur;” “rounded corners;” sometimes I really do wonder what’s in the water in Washington.
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This article was first published as Entrepreneur Magazine Vigorously Defends ‘Entrepreneur’ Trademark on Technorati
