It has nothing to do with how well "known" a meaning for the phrase was before. It's not commonly "used." That's the difference. People just don't walk around randomly saying it in conversation. They certainly didn't go around saying it in relation to how it's been marketed since the beginning of this program. It's a brand or identity, and not widely enough used in a generic sense that he has to worry about losing that trademark.
It is a commonly used saying; obviously for you it was not a common saying before you became aware of the web site but for a lot of other people it was. And in regards to how it's being used on the web site, go to the web site and see how he is describing himself. The description that he is using is what many people would describe as a "rich jerk" (or something stronger). He is indeed using the term "rich jerk" in the same manner in which it is commonly known & used. I give the guy credit... the fact that the got a TM on that saying was a bit of ingenuity or incredible luck.
You're still confusing common meanings with common use. The majority of the population simply doesn't go around saying that on a regular basis, although it has a common meaning to anyone that hears the phrase. Heck, if most people had an issue with someone they'd likely be flipping them off if they were there, or they'd have something much worse to say that "rich jerk." It's not commonly used to an extent that it's an issue... or he wouldn't have gotten the trademark in the first place. "Rich jerk" also hasn't been used in this way before, b/c it hasn't been tied to business and/or sales, whereas an actual commonly used phrase may very well have been - such as "happy birthday" being used on cards, candles, decorations, etc. You couldn't trademark it, b/c it's already used in that way, and commonly. I'm actually really sick of this discussion, so I'm done with it. You'll either grasp it, or you won't. Point is... he could make an incredibly easy case against the OP for willful infringement, and it would be smart to redirect to a new domain before he risks losing it and all of the work put into the rankings. If it's worth the time and cost to him, he needs to hire a lawyer asap instead of discussing it publicly on a forum, where anything he says could end up used against him later if it goes to court.
Note to myself: Never use a company, trademarked or copyrighted name or phrase in any domain that I register for profit. It more than likely won't be worth the time or trouble.
You people are all on crack. Whether the term "rich jerk" is common usage is completely irrelevant here. He's using a trademarked term in his domain name to talk about a specfic product with that name. He's not talking about rich jerks in general, or the rich jerk clothing line. He's obviously infringing on the trademark, now the questions that remain are: A) Does the righ jerk have the $$$ to sue him. I don't have access to his bank account, but seeing as was one of the hottest e-books in the IM niche last year and that he has expanded to informercials on TV then I would say that he probably does. B) Would suing you make him look bad? Nope, he's a rich jerk. That's his persona. He would probably sell more e-books after making an example of you than he does now. C) The trademark came into effect after the domain was registered. That might get you off the hook. D) Are you committing libel? Sucks is a subjective word (as in paypalsucks.com), it tells an opinion. Scam on the other hand is an accusation. E) No one on this forum can tell you what to do, there is so much bad information in this thread as to border on ludicrous. If you plan on keeping the domain name then make an appt with a lawyer who specializes in this area.
Good, because you see to think that because something wasn't common to you beforehand then it was not common to everybody else which is simply not the case. Truer words have not been spoken. Read the whole thread and you'll see that some people have given the OP some actual good advice. What he decides to do with that advice though is yet to be seen.
I had this issue once also, just did a 301 redirect to a new domain, problem solved! You can still keep the domain and all the links to it, just cant have profit making content or copyright material on the original domain.
Looking at serps for "Rich Jerk" there are many sites with "rich jerk" as part of the domain name. Wondering if he is serving those sites with notices as well?
I doubt that when you search for TM you will see any trademark that is not registered and is in pending state. Only after TM's come into existance i think after that date if someone registers might get in trouble. But in this case i do not see how the user could have known if such a trademark even existed when it was not even approved. Remember not all terms get approved. and there is big difference in pending and registered state. Now since i aint a lawyer if user here discusses it with a lawyer he might get better idea, and just a note to user, stop taking advice from users on DP i doubt anyone here is qualified to tell you what to do cause we do not know law(and those users who do i doubt would offer you anything for free). So its time you contact some lawyer now.
I don't believe that is correct. Example. It would kind of defeat the purpose of having the database online & searchable if somebody couldn't research potential TM applications.
" Rich Jerk " is a descriptive term I have heard used all my life. I have called many a person that in my life as well. I have however have never heard of Credit Pro, Inc. It is in my opinion that obviously they match the description but unless you're in the credit/financial field or are using the site "in reference to them" that they have little claim to limit the use of pre existing phrases. That would be like trademarking the phrase "Cheap Motels". It's doubtful any thinking judge would rule in favor of such a thing. However our legal system is littered with such bungles... (ie.. the McDonalds Hot Coffee suit or maybe Amazon's 1 click shopping - Both were extreme miscarriages of justice.) Either way such corporate cannabalism should be rallied against and given resistance if for no other reason than to bring the subject to question. I think you should be #1 on all the search engines for this term and suggest we all give you a strong backlink... Now I think I'll go register the word "the"...
I *think* it simply means that a TM has not been approved for the application yet but at a later date it may be.
What an interesting thread. More so some of the comments posted here. I've heard some people call others head and shoulders when they're above all else. But the phrase is also being used to market a brand of shampoo. Some parties are unreasonable. That's a fact of life. But when that party has deep pockets and the law potentially on their side, then perhaps you'd like to analyze things further and decide whether it's really worth the hassle of proving your point. Someone here posted about nissan.com. Link below is the "last" decision of an interesting case: http://www.citizen.org/documents/CourtofAppealsRulingNissanMotorvNissanComputer.pdf Note the last part of that decision. Some of you might want to reconsider the things you posted here about "being right." And I'd like to ask some of you here (especially just posting outright "rich jerk is wrong and the OP is right!") what are you prepared to do if the OP chooses to fight this to the bitter end and ends up losing? Big time at that? Now if only I can remember that decision where the complainant won because the parties intimately involved with the registrant posted things in an online forum clinched it for the former... IANAL, by the way. But one who's been involved in the domain registration biz for some time, and it so happens this is one of the most common issues I've gotten. And don't bother waiting for ICANN's response to this. They don't get involved in individual disputes, especially legal ones like this case.