University Sues Medical Equipment Company

In the latest battle in the Harvard's trademark war, the University has filed suit against Harvard Bioscience, a medical equipment company that has had "Harvard" in its name for 100 years.

The trademark infringement suit, filed on Dec. 26, claims that Harvard Bioscience's name implies a connection to the University and Harvard Medical School.

"The way they use the name Harvard...looks very much like the Harvard Medical School website in its tone and texture," said University spokesperson Joseph Wrinn. "This new use of Harvard that has us very concerned."

The University has asked for a preliminary injunction to stop Harvard Biosciences from using the name while the case is tried. A hearing on the issue will be held in February.

The company, which was known as Harvard Apparatus until last October, emphatically denies that its company could be mistaken for an arm of the University.

"I'm willing to bet that no one has ever called [Harvard Bioscience] to register for a class, and no one has ever called [Harvard University] to buy a pump," said Frank Levy, an attorney for Harvard Bioscience.

University officials said their trademark concerns center exclusively around the new name, Harvard Bioscience.

"If they kept Harvard Apparatus or Harvard Pump Company or Harvard Equipment Company, that...does not confuse the public," said Joel R. Leeman, an attorney working for the University. "But once it switches to Harvard Bioscience, it sounds like an arm of Harvard University."

Harvard Bioscience officials disputed the claim that the name change, which occurred when the company went public several months ago, was a significant change from the way the company had portrayed itself since it was founded in 1901 by a professor at the Harvard Medical School.

Jim Warren, Harvard Bioscience's chief financial officer, said that the company has referred to "bioscience" in its catalogs since 1981 and has used the word "Harvard" since its inception 100 years ago. He said that the name change was a natural step for the company to take as it went public.

"We carry 10,000 products now," said Warren. "Harvard Apparatus is not an appropriate name for a company that offers what we offer today."

Warren said that Harvard Bioscience received a letter from the University in November discussing the University's concern over the trademark issue. The company replied that it believed the use of the name was legal, Warren said.

Ironically, Harvard Medical School is traditionally a major buyer of Harvard Bioscience lab equipment, Levy said.

This case comes on the heels of a number of similar disputes in which the University has sued companies with Harvard in their names. In a recent trademark case, notHarvard.com agreed to change its name to Powered.com under pressure from the University.

"We get most aggressive when misuse of the name tends to tread on our core mission of teaching and research," Wrinn said.