Adelson-backed school sues Web site operator

By Steve Green

Thursday, Aug. 13, 2009 | 10:54 a.m.

A private school sponsored by Las Vegas Sands Corp. Chairman and Chief Executive Officer Sheldon Adelson and his wife is suing the operators of a Web site critical of the school, charging trademark infringement and damage to the school's reputation.

The Dr. Miriam and Sheldon G. Adelson Educational Institute, doing business as the Adelson Educational Campus, filed suit Wednesday in U.S. District Court against Roslyn Goldman and Tobiah Goldman.

The suit says the Goldmans run the Web site www.HebrewAcademyAdelsonECforum.com -- a site the campus says misrepresents an affiliation with the school.

The lawsuit notes the Goldmans' children were formerly students at the Adelson Educational Campus.

"The relationship between the parties has deteriorated since defendants voluntarily withdrew their children from the school," the suit says.

The Las Vegas Sun reported in April in April that Roslyn Goldman’s personality conflicts with staff at the Adelson school's Milton I. Schwartz Hebrew Academy led to the withdrawal of the family's three children from the Summerlin school during the 2007-08 school year, costing the family $30,000 in nonrefundable tuition.

The Sun story is now posted on the Web site at issue in the lawsuit, along with posts such as "The Adelson School tries to control Jewish involvement in Las Vegas!!!"

The "Jewish involvement" post complains that the Adelson campus informed the Jewish Community Center of Southern Nevada that the Goldman children were not welcome on the campus for this year's JCC summer camp, which uses rented facilities at the campus. The children had attended Camp K’helah for the past six years, the post says.

The Web site banner says "Hebrew Academy Adelson Educational Campus" and in smaller type "Let the Discussion Begin."

Roslyn Goldman today denied the Web site misrepresents an affiliation with the Adelson campus and said the lawsuit is an attempt to suppress her First Amendment rights to free speech.

"I'm not surprised" at the lawsuit, she said.

The Web site includes this disclaimer: "In no way is this blog associated with The Hebrew Academy or Adelson Educational Campus. Its sole purpose is to create a forum where people are free to leave there opinions, both positive and negative. The opinions on this blog do not reflect the opinions of The Adelson Educational Campus or any associations."

"It is a blog," Goldman said today. "It is a forum. It is a way for people to voice their opinions."

She called the lawsuit part of "a personal vendetta."

"Blogs are legal -- this is a First Amendment right," she said.

The institute's lawsuit complains that the Web site violates the institute's trademarks, causing confusion as some Web site viewers have thought the site was sponsored by the institute.

The suit also complains about disparaging remarks on the Web site, alleging they are harmful to the reputation of the institute.

"Defendants' Web site intentionally misrepresents the ownership of the copyrighted material on the Web site by stating: 'Copyright 2009 Hebrew Academy Adelson Educational Campus,'" the suit charges.

"The infringing use of plaintiff's (trade)marks as alleged here have resulted in actual confusion to visitors of defendants' Web site who have contacted plaintiff regarding their impression that the Web site is affiliated with, sponsored or owned by, plaintiff," the suit alleges.

"The confusion as to origin and/or sponsorship resulting from the unauthorized use of plaintiff's (trade)marks is particularly harmful due to the offensive and disparaging content posted on the Web site referring to plaintiff and its personnel as "Nazis," "Gestapo" and "Hitler's Germany," the Adelson Institute complains.

The institute is seeking unspecified financial damages.

It asks the court to bar the defendants from using the Internet domain name www.HebrewAcademyAdelsonECforum.com or any other domain name that is likely to confuse viewers into thinking the institute is affiliated with it; using the banner "Hebrew Academy Adelson Educational Campus" in any manner; and using the phrase "Copyright 2009 Hebrew Academy Adelson Educational Campus."