University Attorney Considers Lawsuit Against 'NotHarvard.com'

Online educational e-commerce website NotHarvard.com is saying it's, well, not Harvard, but University attorneys are nevertheless considering legal action against the company, Harvard lawyer Allan A. Ryan Jr. confirmed this week.

"NotHarvard by definition is NOT Harvard and is no way associated with Harvard University," a disclaimer at the bottom of the company's home page reads. "In no way does our name intend to convey any association between Harvard University and notHarvard. In fact, it is the intent of notHarvard--by using the word not--to not be associated with Harvard University."

But Ryan says that's not good enough.

"You can't hijack our name and then say, 'We're not them,' and then use it anyway," he said.

Ryan declined to comment on the legal merits of the case, but said he is putting together a recommendation on whether the University should take legal action against notHarvard.com.

"We are taking a very close look at this because we are concerned at the obvious use of our name to promote a site that we have nothing to do with," he said.

On Tuesday, notHarvard.com and Talk City, Inc. announced that they will work together to offer free interactive online courses on TalkCity websites. NotHarvard.com will produce the courses for TalkCity's Mentor Center, according to a press release distributed by PR Newswire.

Many of the courses are oriented toward professional development.

According to the release, 12 courses have already been developed. Topics include Photoshop, website management and design, Windows 98 and associated Microsoft programs, Excel and Networking.

Slightly more lighthearted courses will be offered in TalkCity's Learning Center. Topics include "Dying of Embarrassment: Help for the Socially Challenged," "Are We Compatible, Are We Soul Mates?," "What is MP3?" and "How to Make Anyone Fall in Love With You."

In recent months, the University has intensified its scrutiny of the use of the Harvard name by third parties, including Harvard Pilgrim Health Care, the financially troubled HMO. Ryan said his work on the notHarvard.com case is part of this effort.

He said he would make the recommendation in the "relatively near future." He declined to specify a time frame.

"We're aware of their activities, and whenever we look at something like this, the nature of the activity plays a large role in our thinking," Ryan said.

"If someone has a dog-grooming salon called 'notHarvard,' that's one thing," he said. "If someone's offering distance learning courses using our name, it's a different story."

NotHarvard.com officials were not available for comment Tuesday or yesterday.