University Alleges Trademark Violation

In what may be its first trademark battle in foreign courts, the University is suing a Canadian company for illegally using the Harvard name.

Frank J. Connors, an attorney in the office of Harvard's general counsel, said he expects the case, still in its pretrial stages, to proceed to a conclusion in court.

He added that the University will not drop the charges until the Quebec-based Harvard Negotiations International, Inc. (HNI) removes the word "Harvard" from its name.

The case will be heard in a Canadian federal court. The University is not demanding a cash settlement.

"The only settlement we would accept is that they stop using the name Harvard," Connors said.

HNI, which is completely unaffiliated with the University, trains people to resolve disputes through negotiation or similar means.

Both Connors and Enrique J. Calixto, Harvard's trademark programs administrator, claim the company falsely attracts customers using Harvard's reputation, demeaning the educational objectives of the University in the process.

The Program on Negotiations at Harvard Law School (HLS), officially recognized by the University in 1983, also offers programs very similar to HNI.

This large research center develops teaching material, publishes journals and books and sponsors training programs, courses and symposia-all about negotiating and other forms of solving disputes.

"[HNI] is clearly conflicting with an ongoing operation of Harvard," Connors said, citing "incidents of people who were confused" about the relationship between HNI and the University.

However, J. William Breslin, executive editor of the Negotiation Journal at the HLS program, said he does not think HNI has taken business from his project.

Calixto said Harvard first learned about thecompany last year when some-one called theUniversity wondering if HNI was an affiliate.

Calixto's office immediately took action.

"We sent them a letter demanding that they stopusing the name," Connors said. "That didn't getvery far."

Several months ago, the University made thedecision to sue.

Calixto said this is the standard procedure fortrademark infringements.

He generally receives a call per day reportingpotential misuses of the Harvard name, he said.

He investigates each.

Through the Trademarks Directory Service inLondon, he also learns about companies around theworld trying to register use of the Harvardname--usually about one case per week.

In 95 percent of the cases, the offendingorganizations agree to drop the Harvard name afterreceiving a "well-written, strongly-writtencease-and-desist letter" from the University,Calixto said.

For the remainder, the decision about whetherto press charges depends on the extent and qualityof the trademark legislation in the country, aswell as the nature of the organization.

If the name is being used for educational,medical or legal purposes, Harvard will considersuing.

Connors said Harvard has "very good chances" ofsuccess in the current lawsuit because theUniversity has the sole rights to its name inCanada, as in the United States.

Although Harvard needs to sue only rarely,Calixto said the process is important to maintainthe integrity of the name.

"We've become extremely aggressive in the lastfew years," Calixto said.

"The University takes the protection of itsname very seriously...people are misled intobelieving that somehow these [independent]institutions are affiliated."

"[Companies using the Harvard name] pretend tobe something they are not," he added.

While this lawsuit sends an important messageabout Harvard's determination to protect its name,offenders are not going to disappear, Connorssaid.

"I don't think there are many people out therewho use the Harvard name innocently," Connorssaid.

The Canadian law firm Blake, Cassels & Graydonis helping the general counsel in court.

HNI could not be reached for comment yesterday.It is located in Brossard, Quebec

Calixto said Harvard first learned about thecompany last year when some-one called theUniversity wondering if HNI was an affiliate.

Calixto's office immediately took action.

"We sent them a letter demanding that they stopusing the name," Connors said. "That didn't getvery far."

Several months ago, the University made thedecision to sue.

Calixto said this is the standard procedure fortrademark infringements.

He generally receives a call per day reportingpotential misuses of the Harvard name, he said.

He investigates each.

Through the Trademarks Directory Service inLondon, he also learns about companies around theworld trying to register use of the Harvardname--usually about one case per week.

In 95 percent of the cases, the offendingorganizations agree to drop the Harvard name afterreceiving a "well-written, strongly-writtencease-and-desist letter" from the University,Calixto said.

For the remainder, the decision about whetherto press charges depends on the extent and qualityof the trademark legislation in the country, aswell as the nature of the organization.

If the name is being used for educational,medical or legal purposes, Harvard will considersuing.

Connors said Harvard has "very good chances" ofsuccess in the current lawsuit because theUniversity has the sole rights to its name inCanada, as in the United States.

Although Harvard needs to sue only rarely,Calixto said the process is important to maintainthe integrity of the name.

"We've become extremely aggressive in the lastfew years," Calixto said.

"The University takes the protection of itsname very seriously...people are misled intobelieving that somehow these [independent]institutions are affiliated."

"[Companies using the Harvard name] pretend tobe something they are not," he added.

While this lawsuit sends an important messageabout Harvard's determination to protect its name,offenders are not going to disappear, Connorssaid.

"I don't think there are many people out therewho use the Harvard name innocently," Connorssaid.

The Canadian law firm Blake, Cassels & Graydonis helping the general counsel in court.

HNI could not be reached for comment yesterday.It is located in Brossard, Quebec