Ok we all know that rich jerk is the self proclaimed marketing expert he can help any one form grandmas to soccer mums apparently make 1000's off website. Well one user decided to take on rich jerk and call his site a scam which is possibly is, the owner of www.richjerkscams.com has set up his site and spent next to nothing on SEO yet he ranks right next to Rich Jerks site for the keyword "Rich Jerk". Kelly Felix the owner of richjerk.com does not like how this case is unfolding so he decided to sue the owner of www.richjerkscams.com for trademark infringement.
Here is a copy of the email sent to the owner of www.richjerkscams.com
-----Original Message-----
From: Kelly Felix [mailto:kelly@therichjerk.com]
Sent: Tuesday, December 26, 2006 12:15 PM
To: rparker@asiadeep.com; admin@richjerkscams.com; hostmaster@ipowerweb.com
Cc: T.C. Johnston
Subject: domain trademark violation - richjerkscams.com
To the owner of richjerkscams.com,
I am writing concerning your registration of
www.richjerkscams.com which contains the
famous "Rich Jerk" trademark.
United States Trademark Reg. No. 3,171,019
As you undoubtedly know, "Rich Jerk" is a leading provider of personal financial growth information,
goods and services. CreditPro, Inc. (CPI) adopted the name and trademark "Rich Jerk" in June 2005 and, since that time, CPI has actively used the "Rich Jerk" name and trademark in connection with its online eBook, newsletter and related services, including maintaining the web sites
www.therichjerk.com and www.richjerk.com. The coined term "Rich Jerk" is one of the most famous
money related trademarks on the Internet and CPI
owns the exclusive trademark rights to the "Rich Jerk" name in the United States and
internationally, including related common law rights.
CPI has made a substantial investment in developing and providing its products and services. As a result of CPI's pioneering efforts and its devoting substantial effort and resources to providing only high quality information, products and services, the "Rich Jerk" name and trademarks are
widely known among the consuming public worldwide, and the name and trademarks embody substantial and valuable goodwill.
Accordingly, we were concerned when we learned of your registration and use of the richjerkscams.com URL. As we hope you can understand, protection of it's trademarks is very important to CPI. We are concerned that any use of the domain name in question, will cause confusion as to whether you or your company's activities are authorized, endorsed or sponsored by CPI when, in fact, they are not.
We understand that you may have registered
richjerkscams.com without full knowledge of the law in this area. The Anticybersquatting Consumer Protection Act (http://www.submerged-ideas.com/litigation/anticybersquat.htm)
provides for serious penalties (up to $100,000 per
domain name) against persons who, without
authorization, use, sell, or offer for sale a domain
name that infringes another's trademark.
While CPI respects your right of expression and your desire to conduct business on the Internet, CPI must enforce its own rights in order to protect its valuable and famous trademark. For these reasons, and to avoid consumer confusion, CPI must insist that you not use the domain name for any purpose (immediately removing all content from the site) and that you do not sell, offer to sell or transfer the domain name to a third party (instead simply let the domain registration expire).
Please confirm in writing that you will agree to
resolve this matter as requested. If we do not receive confirmation from you that you will comply with our request, we will have no choice but to pursue all available remedies against you.
Sincerely,
Kelly Felix
CEO - Creditpro, Inc.
www.RichJerk.com
cc: T.C. Johnston, Esq.
cc: IPowerweb Hostmaster
* * * This electronic mail transmission originates from CreditPro, Inc., a Professional Corporation and contains confidential information intended only for the person(s) named. If you are not the intended recipient, you should immediately delete it from your system. Any use, distribution, copying or disclosure of this message or its attachments is strictly prohibited. ***
***End Transmission***
and here is another email from them –
-----Original Message-----
From: Kelly Felix [mailto:kelly@therichjerk.com]
Sent: Tuesday, December 26, 2006 6:37 PM
To: Ryan Parker
Subject: Re: domain trademark violation - richjerkscams.com
Ryan,
Fortunately international hosting companies and domain registrars do recognize U.S. trademarks, therefore we can get a permanent injunction against you to prevent the site from being hosted anywhere until the trial.
We are not interested in retaining any affiliates using a domain name that negatively promotes our website.
We are willing to spend substantial amounts of money to protect our brand. Since our lawyers are in-house, we pay them the same whether or not they go to trial, so money and time is not an issue.
Regards,
Kelly Felix
CEO - CreditPro, Inc.
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