Harvard Sues Internet Cybersquatter

Harvard University announced it is suing a Boston man for violating the new federal "cyber-piracy" law, which was enacted just last week.

Michael Rhys and Michael Douglas, both of Jamaica Plain are named as the co-defendants in the suit, which was filed Monday in the U.S. District Court in Boston.

The University suspects the two men are actually the same person.

Harvard alleges that "Rhys and Douglas" registered 65 Internet names using the words "Harvard" and "Radcliffe," with the intention of later selling them to Harvard for a profit.

"We're not seeking monetary damages. We simply want an injunction to get them to stop," said Robert B. Donin, Harvard's Deputy General Counsel.

The suit was filed just days after a new law, The Anti-Cybersquatting Consumer Protection Act, made it illegal for Internet users to buy Web addresses with the intent of selling them for profit.

If trademark owners can prove an act of "cybersquatting," they can recover statutory damages of up to $100,000.

Rhys "registered a number of domain names that include the names 'Harvard' and 'Radcliffe' even though they have no connection with the University and did this simply for the purpose of selling the registrations to others and making a profit," Donin said.

A web domain called "Virtualharvard.com" is just one of the dozens of University-related names "Rhys and Douglas" own, and is for sale from a company called Web-Pro.com., according to a report in the Boston Globe.

Harvard claims that Web Pro is a company which Rhys alone controls.

Other Web site names include harvarddivinity.com, HarvardYardSale.com, harvard-lawschool.com, and harvardgraduateschool.com.

Donin said that the legal definitions of blackmail and extortion are not correct characterizations of what "Rhys and Douglas" did, though the lawyer confirmed that the University had been solicited about buying the web site names.

"They contacted us and asked us if we wanted to buy these names," Donin said. "We filed the lawsuit shortly after we sent them a letter demanding that they cease and desist using the names and offering them for sale and they didn't respond," he said.

According to the Globe, had "Rhys and Douglas" succeeded in selling the names to Harvard at their desired price, they would have raked in nearly $325,000 in profit.

Contacted yesterday at his Boston office, a man who identified himself as Michael Rhys said he did not have anything to say about the University's suit.

"I'd love to set the record straight, but I can't comment," Rhys said. He added that at present, he does not have a lawyer.

Rhys said he does not know whether he will contest the charges or not.

"Everything's up in the air," he said.

Harvard claims in its lawsuit that because the Harvard and Radcliffe names are well-known trademarks, they should not be licensed to anyone other than the University.

"Harvard University has used the trademark and service mark 'Harvard,' and other marks incorporating the Harvard mark, since at least as early as 1827," the University wrote in its lawsuit. "These marks have become among the world's most famous and well-known."

Donin said the University would have been able to bring the lawsuit regardless of the new law, using instead federal trademark law and state law concerning unfair competition and deceptive practices.

"However," he said, "the new statute which was enacted on Nov. 29 makes the procedure easier for parties in our position."

Donin said that the lawsuit was the University's last resort and he thinks that Harvard is likely to win.

Donin would not comment on the University's legal strategy, but said there have been other cases that have dealt with this issue.

"What we're talking about here is a very narrow category," he said, adding "there is plenty of precedent" for cybersquatting convictions.