Rick Calixto, M.T.S. '88, A.L.M. '96, program administrator of Harvard's Trademark Licensing Office, explains that confusion in the mind of the consumer is the key to trademark law, and concern about such confusion is often the determining factor when Harvard considers whether to go after someone who misuses its name. Most countries, he says, recognize 42 classes of trademark. The Trademark Licensing Office employs a company to watch for uses of the name everywhere on earth. Harvard hires legal counsel in Taiwan to oppose the use. Harvard wins some of these battles and loses some.
Opposition can take two or three years.
The battles are more easily won if products officially licensed by Harvard are being marketed on the battleground. A key strategy of Calixto and colleagues is, therefore, to establish a Harvard mercantile presence in countries that tend to have the greatest potential for misuse of Harvard's name. If some legitimate Harvard licensee were selling a Harvard fountain pen in Korea, Harvard could crack those unauthorized eggs more readily. Calixto says he is on the verge of getting licensing arrangements going in Taiwan and Korea. He is trying for them in many countries in Europe.