"By the use of the word 'Harvard' in connection with health care coverage and services for over thirty years, Harvard Pilgrim has obtained common law rights in the word 'Harvard' in connection with health care coverage and services," the state's complaint reads.
Harvard officials had previously questioned whether the attorney general read too much into Fineberg's letter.
University spokesperson Joe Wrinn has said Fineberg's letter was meant to initiate a discussion about the most appropriate way to use the Harvard name, if it is used at all.
"We're appealing to return to negotiations," Fineberg said yesterday. "The attorney general filed suit against us, not us against them."
"We had hoped to continue our discussions with Harvard Pilgrim, but they were interrupted by [the state taking control] and by the initiation of your lawsuit," yesterday's letter read. "Following your announcement that your office would petition to take Harvard Pilgrim out of receivership, the University asked if the suit could be dismissed so that we could return to the negotiations; that proposal was declined."
"These negotiations were prompted by our concern that Harvard Pilgrim was filing applications for federal trademark registration for marks including 'Harvard,'" another section of the letter read.
According to Fineberg, HPHC first attempted to register trademarks about 18 months ago. He added that Harvard, particularly the Medical School, has trademark interests in the health care field.
According to Wrinn, the University has become more stringent in regulating the Harvard name since Harvard Pilgrim was founded.
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