In the suit, Harvard accuses notHarvard of trademark infringement and unfair competition in violation of the Lanham Act, violating the federal trademark dilution act and trademark cyberpiracy.
In its suit against the University, notHarvard said it was "reasonably apprehensive" that Harvard was preparing to initiate legal action against it, according to the Chronicle. The suit cites one Harvard lawyer in particular, Allan A. Ryan Jr., as "accusing notHarvard of hijacking Harvard's name."
Ryan's comments were published in The Crimson this April. Ryan, who is no longer working on the case, said at the time that he was preparing a recommendation on whether the University should take legal action.
Wrinn said that the University had merely been considering legal action, and no decision had been made yet.
"Suing was an option, but we hadn't communicated or filed anything at the time," he said.
The University seems to have one decision already on its side.
In the press release announcing the suit, notHarvard claims that it has taken appropriate measures to register both the domain name and the trademark. However, notHarvard.com's application to trademark its domain name was denied by the U.S. Patent and Trademark Office (PTO) because it could be too easily confused with Harvard University.
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