Harvard Wins Lawsuit Against Canadian Firm

In its first lawsuit in a foreign court in recent memory, Harvard last month won a judgment in a Canadian court against a Quebec company illegally using the Harvard name.

The Canadian federal court told Harvard Negotiations International never to use or advertise the Harvard name or trademark again and never again to try to pass itself off as a Harvard affiliate. The company must turn over all material bearing the Harvard name or trademark.

In most trademark cases, the University does not ask for a momentary settlement. According to Enrique J. Calixto, Harvard's trademark administrator, in this case Harvard will probably be satisfied with the company's agreement not to use the name.

"What we wanted is what we got," Calixto said. "I can't remember a time when we have asked people for money."

According to University attorney Frank J. Connors, the Canadian company trains students to resolve disputes through negotiations or similar mean.

Its mission parallels that of the Program on Negotiation at Harvard Law School. This large research center at the Law School, recognized by the University in 1983, publishes journals, sponsors training and symposia and creates teaching material--all about mediation and solving disputes.

Some confused customers have called Harvard University asking what affiliation the company has with the school, Connors said.

"[The Canadian company] chose the name to confuse people," Calixto said.

After discovering the company in 1998, the University sent several letters requesting a name change in accordance with the standard procedure. Harvard Negotiations resisted, and the University threatened to sue.

When the company didn't budge, Connors and his team followed through with their threat.

Though the University generally receives a call a day reporting possible misuses of its name, this case was rare because it went to trial, Calixto said.

"Most don't ever hit the lawsuit stage," Calixto said. "Eighty to Ninety percent of the folks who receive…letters and threats of lawsuits change their name."

Around when the lawsuit was filed, Harvard Negotiations did change its name--to Biomed 411. The University pressed on with case anyway in order to ensure that the company wouldn't reuse the name in the future.

Biomed never appeared in court to defend itself, and Harvard won by default.

If Biomed breaks the terms set by the court, its officers could be fined or imprisoned, according to Anthony Prenol, a partner at Blake, Cassels & Graydon, the Toronto-based law firm that represented Harvard.

Prenol said Harvard's name isn't often misused in Canada because people there are familiar enough with the University not to be fooled by companies who want to associate themselves with the Harvard name.

Still, he said, recent cutbacks by the Canadian government have left authorities there with less funding to pursue potential violations.

Biomed officials could not be reached for comment.