Arent Fox is Saving Legacies
Albert Einstein is considered the greatest scientist of all time. His theory of general relativity forms the basis for humankind’s understanding of the universe and its development.
To protect its rights to the name of their illustrious forefather, the estate of Prof. Einstein turned to Arent Fox, one of the nation’s leading law firms in acquiring and recovering domain names, including representing the estates of deceased celebrities in such matters. Led by partner Anthony Lupo, Arent Fox challenged the third party’s use of the EINSTEIN name, arguing the “einsteinwebdesign.com” domain name was confusingly similar to the Hebrew University of Jerusalem’s EINSTEIN trademark registration.
Arent Fox understood that providing the appropriate evidence for establishing the university’s rights in the name and persona of Dr. Albert Einstein was imperative in building the case against the registered owner of the “einsteinwebdesign.com” domain name. Arent Fox was able to overcome this hurdle by submitting ample evidence establishing the university’s rights in the intellectual property rights of Dr. Albert Einstein, including evidence or its extensive licensing program, its trademark registrations, and establishing the legitimacy of the transfer of the intellectual property rights from Dr. Albert Einstein to the Hebrew University of Jerusalem.
In March 20009, the National Arbitration Forum – a national and international administrator of alternative dispute resolution services including mediation and arbitration – agreed with Arent Fox and ordered the transfer of the domain name, “einsteinwebdesign.com,” to The Hebrew University of Jerusalem.
In the decision, the NAF acknowledged the university’s rights in the EINSTEIN name, and determined that the domain name, “einsteinwebdesign.com” was confusingly similar to the Hebrew University of Jerusalem’s EINSTEIN trademark, that the registrant of “einsteinwebdesign.com” did not have legitimate rights in the domain name and that she was attempting to draw a connection with Dr. Albert Einstein in bad faith. The domain name has since been transferred to the Hebrew University of Jerusalem.
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