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Entrepreneur Sues Former Editor

Lawsuit claims theft of confidential information, 'secret formula.'


By Jason Fell
09/25/2008

RELATED PDF: Entrepreneur's Suit

Entrepreneur Media, the Irvine, California-based publisher of Entrepreneur magazine, has filed a lawsuit against former editor Rieva Lesonsky.

The suit alleges that Lesonsky “stole” its Franchise 500 ranking concept by creating the not-yet-launched Franchise 300 ranking for San Francisco-based online business site AllBusiness.com.

In addition to Lesonsky, the complaint names AllBusiness.com and another former Entrepreneur staffer.

After resigning from her longtime post as editorial director in April, Lesonsky formed marketing communications company SMB Connects and was hired at AllBusiness.com as editor-at-large. SMB Connects is a network that puts small business together with government agencies and organizations.

According to EMI, Lesonsky [pictured] used its “secret formula, databases, and contact list.” Also, the use of the “Franchise 300” name violates federal trademarks, the statement said.

“We are in the business of supporting entrepreneurs, and we wish Rieva well with her new venture,” EMI chairman and CEO Peter Shea said in the statement. “But it saddens and disappoints me that someone whom we trusted with out most valuable assets would take our confidential information and attempt to market it as her own.”

In an e-mail to FOLIO:, Lesonsky called the lawsuit “harassment,” and said it is an attempt to eliminate any competition.

“There’s absolutely no merit to the lawsuit,” Lesonsky wrote. “We have done absolutely nothing wrong.”

When contacted by FOLIO:, Shea called the lawsuit "unfortunate," but declined to comment further.

A Litigious History

Entrepreneur Media is no stranger court battles. Since the U.S. Patent Office granted a trademark on the word entrepreneur to EMI in the early 1980s, the company has fought aggressively, often in court, to protect that trademark.

Earlier this year, auditing firm Ernst & Young sued EMI over its Entrepreneur of the Year contest, which E&Y claimed was in violation of the trademark for its own Entrepreneur of the Year award. EMI filed a declaratory judgment asking the court to declare that E&Y's trademark is invalid and unenforceable.

EMI has also had ongoing legal wranglings with Scott Smith since the 1990s when the company sued him over Entrepreneur PR, the name he gave his California public relations firm. (He renamed the business BizStarz.com in 2000.)

No Deal

In August, a deal that would have had EMI sold to Texas-based private equity firm Austin Ventures for an estimated $200 million fell through. At the time, Shea in a memo to employees said the debt market made it “a very difficult market for [buyout] funds to raise debt financing at a reasonable multiple and percentage rate.”

Over the first half, Entrepreneur saw ad pages drop 4.3 percent, according to Publishers Information Bureau figures. Estimated advertising revenue was $47.8 million, down 2.3 percent.

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Post Comment / Discuss This Story - Info/Rules

How The Mighty Have Fallen
Submitted by Anonymous on Thu, 09/25/2008 - 17:05.

This lawsuit really comes as no surprise to anyone who knows the company. Ad sales are down, web traffic is falling through the floor and many long-time and experienced staffers have departed, leaving the company a shell of its former self. It is such a shame. The company would have been better off taking any price over the summer to sell itself. Now, all they are doing is lashing out at the people who built the company up because it is all falling apart at the seams. I imagine that things are pretty bad there now...and they are only going to get worse. Rieva is loved by so many people all over the country. Shame on the executives at Entrepreneur for filing this frivilous lawsuit.
A Nasty Precedent
Submitted by Anonymous on Thu, 09/25/2008 - 17:11.

I've hated this company for a long time. Nobody should be able to trademark a common English word. Sure, they can trademark the name for a magazine, but they've sued people who have nothing to do with publishing for trademark violation. Even the attempt to trademark "Entrepreneur" for all purposes makes these people lower than worm spit. EMI is slime.
Ridiculous!
Submitted by Anonymous on Fri, 09/26/2008 - 10:00.

Entrepreneur is acting like a scorned ex-boyfriend who got unceremononiously dumped! What a joke.
Shea
Submitted by Scott on Fri, 09/26/2008 - 18:10.

Shea is the Al Davis of the mag industry and Entrepreneur mag is the Raiders of the mag industry. While it's understandable why so many people hate Shea, perhaps people should instead be feeling sorry for him and the people who rely upon him for the incomes. He didn't even try and settle his dispute with Rieva before suing her, which is highly unusual behavior, even for Shea. Most business people do all they can to avoid litigation (particularly with former longterm and once highly loyal employees). But Shea is apparently out for Rieva's blood because he filed his lawsuit and issued his press release all without first contacting Rieva. She didn't even know she was being sued until she got the press release! What a rude and frustrating way to find out you're being sued by your former boss. So it seems like Peter was looking for any reason to sue Rieva and jeopardize her efforts to become a successful entrepreneur, an effort that a magazine called "Entrepreneur" should obviously be supporting. Is Peter actually arrogant enough to believe that only his company can evaluate and rank franchise companies? That's entirely possible since he's infamous for his obsession with monopolizing the word entrepreneur, a word he didn't even create. One can only wonder why even more of Shea's employees haven't bailed yet. If it looks this bad from the outside, it must be terrible on the inside. Maybe Peter's strategy is that by suing Rieva and making her life after Entrepreneur mag a living hell, he can scare the bejabbers out of current employees who are considering quitting Entrepreneur magazine.
Lesonsky
Submitted by Anonymous on Mon, 09/29/2008 - 19:01.

It would seem if Ms. Lesonsky and her staffers were so talented they should be able to come up with a new concept instead of spewing the same old stuff. Same stuff, different employer? Come on!
Anonymous, new concepts?
Submitted by Scott on Tue, 09/30/2008 - 19:33.

Dear "Anonymous": Isn't a better question, when the heck is Shea going to realize that he doesn't do anything unique that others can't and shouldn't also be able to do? I guess music lovers should count themselves lucky that Shea doesn't own a music magazine. Because then he would think that only he can use the word musician, and that only he could publish lists of top selling artists! And what special talent does Shea possess anyway? Can he write articles? I doubt it. Can he design magazines? I doubt it. Can he sell advertising? I doubt it. Can he think rationally? I doubt it. Or does he just bark orders to his staff and attorneys so they have to do his dirty work? This latest and nasty suit against a longtime employee further indicates that he makes decisions based on a sensitive ego and vengeance, not for sound business reasons.



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