In choosing what items to approve, “I think of it as a dartboard,” Calixto says. “If it is something related to the mission of [Harvard University], it is at the center.”
For example, Calixto notes that items such as cigarettes oppose the mission of the Harvard School of Public Health.
And Calixto emphasizes that his role as overseer of the Harvard trademark extends much further than halting efforts to mass-produce Harvard perfume.
In line with Harvard’s focus on mission-related licensing, it does not grant approval to any educational institution that wants to use the Harvard name unless established by the university itself.
“Harvard has invested 350-plus years in maintaining its energy and name and people will use it in order to mislead others to believe they are affiliated with Harvard,” both deceitfully and innocently, Calixto says.
Last year in the U.S. alone the Trademark Department was able to stop the use of the Harvard name at five schools. But while Calixto’s office asks violating schools to discontinue the use of the Harvard name, its intent is not to shut down these schools.
CRACKING DOWN
Calixto works from his office in Harvard Square’s Holyoke Center but keeps abreast of trademark activities worldwide.
For one, Calixto pays an outside watch-dog firm, the London-based Trademarks Directory Service, to monitor the trademark applications in almost every country. When a company attempts to file a trademark application with the name Harvard anywhere in the world, Calixto says he is alerted almost immediately.
But in numerous cases where perpetrators use Harvard’s name without permission, Calixto says he often finds out from alumni and concerned citizens.
In his search for trademark violations, Calixto explains that not every country poses the same level of concern.
“We mostly don’t have to worry about Europe and Japan... though we do have infringement there. They are more in tune with the understanding of intellectual property,” Calixto says.
Calixto contrasts this with regions in Asia and Southeast Asia, where, he says, a large amount of trademark infringement cases originate.
When Calixto does discover a violation, he starts off with a polite request to stop using Harvard’s name, which often proves effective, he notes. If unsuccessful, Calixto then issues a cease and desist letter warning of a lawsuit—also very effective, he says.
Unresponsive companies are usually slapped with a lawsuit from the university, though Calixto says he does not recklessly sue every company that violates the trademark rights.
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