This is effectively a "cease and desist" notice which is part of the process for him gaining the domain name. I suggest you do a redirect to a new domain name which will then put you in the clear as far as the law is concerned. If you do not redirect and wait till formal action, what may happen is that Rich Jerk will gain control of the domain name to do what he likes, including all of your hard worked seo.
Whatever happens this was a great thread, I would also agree with what they said above, wait until you get official lawyers papers...... Nice seo work, we have to be careful though, and I think everyone should stop posting here NOW YOU know what they say about dp right? Pretty soon this thread will #1 for "richjerk"
Botton line: get a damn lawyer. Or are you not making any money off the term Rich Jerk after all? I'm surprised RJ didn't fly out in his private jet and buy the domain from you.
That's still not common usage. I'd bet I'd hear a lot of other less flattering phrases more than I'd hear that, if I'd hear that at all. It's not a common phrase outside of this program any way you cut it. Just because you can think of a use for it, doesn't make it common enough that it can't legally be trademarked.
IN a free country, at least in canada, by Law number 5 (i think) in the constitution, it says the one has its freedom of speech - That is legit through MEdia, Communication and some other B.S like that... Buy you writing "richjerkscams" in a specific point of view - you can be saying what You think about "rich Jerk" therefor this is legit, in other views one that doesnt know what "rich jerk Ebook" is - will think that its online money making scams - and that second view will strgthen your say in court. Please check The USA constitutional law - see if it says anything about freedom of speech :> peace
"Rich jerk" is quite a common phrase in the English language. And, yes, you would hear it quite often if you were to do as I suggested. EDIT: I'm curious now on something... do you actually think that the person who did "richjerk.com" came up with that expression out of thin air?
I personally think the richjerk is a waste of money and very well be a scam. The richjerk ebook is just a pure waste of money
Agreed. Sure "Rich Jerk" isn't a "Google", "Nokia", "Nike" or "Microsoft", but neither is "General Mills", "Subway", "News Corp.", "Excel" or "Word". Brands and trademarks are illusive. It's how you use them that gets you in trouble.
I understand the point you're trying to make. It's just not valid as far as this kind of trademark issue goes. Just because someone can say it, and it carries meaning to the general public does not mean it's being used anywhere near commonly enough to cause it to be ineligible for trademark protection. On top of that, if I did what you suggested, "rich jerk" would be the last thing out of most people's mouths.. it would be much worse. You obviously don't know people in Pottstown too well.
LOL, yeah dont you see the forums.digitalpoint.com Rich jerk thread on 1st page ? Guys, he need a help to redirect a RICH JERK SCAM site to new one, anyone help him ! yeah i will do off course if he need help anyway, just pm me! but feel afraid that your serps will destroy that way! and yeah, great work and NOW you just need a Sleep Medicine, contacts of lawyer, a phone, a time watch! and some patience ! but don't take easily all thing ! Rich Jerk sooner contact you directly
This richjerk guy cannot do jack. Even on his website the copyright says: © 2006 "The Rich Jerk".l Rights Reserved. I don't see THE in your domain name.
That would be funny if the richjerk, somehow only registered the "the rich jerk" and for got to register the "richjerk" or maybe the richjerk, can decide to sue google as well for ranking other websites #1 for richjerk
Ah, we seem to be switching gears here a bit. If you read back I do not recall saying so that that the phrase is not eligible for a trademark, simply that it is a common expression that existed well before "richjerk.com" ever did. Again, where do you think he came up with that name? My zip code is 19464, I know Pottstown quite well. The polite people would stop at "rich jerk", others would be a bit more colorful in their language selection. This thread is causing me to have an inclination of now trying to trademark any & all common phrases that I can think of. Must put this on the To Do list...
Man. This is a good thread and rich jerk is really acting like a jerk. Get a new domain, 301 the traffic to the new domain. Then write a good article/story out of this and show the world how rick jerk acts like a jerk by trying to sue you, threaten you and etc. Blog it, digg it, market the hell out of the story and direct those traffic to your new site and piss rich jerk off