Rochester University Threatens Own Student Over Book Trading Site's Name

News Type: Event — Fri Apr 6, 2007 12:02 AM EDT

us-news, law, college, advice, citizen-journalism, trademark, rochester, trademark-infringement, rit, rochester-institute-of-technology, ritbook

Elliot Vos

RIT's Quarter Mile walkway--the daily commute for many students, and one place where ritbook.com was advertised. The advertisements, as well as the site itself have triggered a trademark dispute between RIT and the site's founder, Dan Leveille.

(This photo is in the Public Domain)

Dan Leveille thought he was doing a great service to his fellow students at the Rochester Institute of Technology (RIT) when he started an online book trading website exclusively for RIT students at ritbook.com. Many students agreed with him and began using the site immediately. The school, however, was not nearly as impressed.

On Tuesday, April 3, a formal letter was hand-delivered to Leveille from the Chief Legal Officer of RIT. The university was accusing Leveille of violating its trademark on the terms "RIT" and "Rochester Institute of Technology." Leveille was given one week to remove all references to the trademarks on his website (save for a disclaimer making it clear that the website was in no way affiliated with the institution), including the domain name. Furthermore, RIT is threatening him not only with litigation, but with a referral to Student Conduct, where his career as a student at the university could be at stake and the sole "arbitrator" of justice is... RIT.

And so, Leveille found himself in a sticky situation to say the least. Not being an expert in trademark law (or any law for that matter), he posted the letter on the site, asking for advice from his peers and anyone else who would give it. So far, the comments have ranged from "@!$%# rit" to a very helpful post from an attorney in New York City spelling out some of what Leveille could expect from the litigation that could ensue.

As of yet, Leveille has not made public his intended course of action.

Really Inexpensive TextBook (ritbook.com) was opened to the RIT community this year as a forum where textbooks could be posted for sale by their owners. The site facilitates the connection of students who wish to sell and buy textbooks by acting as a common meeting place and facilitating the initial contact between buyer and seller.

The Rochester Institute of Technology is located in Rochester, NY and boasts an enrollment of about 15,000 undergraduate and graduate students. The school's largest programs are in Engineering, Computing, and Imaging Arts and Sciences. The university is also home to the National Technical Institute of the Deaf, the world's first and largest technological college for the deaf and hard-of-hearing.

Update: ritbook stands for "Really Inexpensive TextBook." Leveille intends to fight his accusers with this defense.

22 Votes
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9.7

{"commentId":626225,"authorDomain":"elvo86"}

Elliot Vos

What I find most unfortunate about all of this is the fact that RIT has decided it appropriate to punish Dan through Student Conduct. There's no reason for them to threaten his education over this, as they wouldn't be able to do that to anyone outside of RIT who could commit the same offense. At least in the U.S. legal system he has the right to a fair trial, if this goes that far. When RIT is the prosecutor, the judge and the rule-maker, it's not very impartial.

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6 votes

#1 - Fri Apr 6, 2007 12:12 AM EDT

{"commentId":626277,"authorDomain":"LAUHAL63"}

lauhal

Gosh, maybe he should have named it after another school. Come on, it's not like he's hawking porn.

{"commentId":626277,"threadId":"91409","contentId":"647580","authorDomain":"LAUHAL63"}

3 votes

#2 - Fri Apr 6, 2007 12:57 AM EDT

{"commentId":626380,"authorDomain":"danlev"}

danlev

Thanks for writing this article!

Looks great! :)

{"commentId":626380,"threadId":"91409","contentId":"647580","authorDomain":"danlev"}

1 vote

#3 - Fri Apr 6, 2007 2:41 AM EDT

{"commentId":626425,"authorDomain":"paperdragon"}

Dennis P. McCann

Most universities make a profit from book sales. This cuts into that. Trademark infringement is just a convenient excuse.

{"commentId":626425,"threadId":"91409","contentId":"647580","authorDomain":"paperdragon"}

2 votes

#4 - Fri Apr 6, 2007 4:44 AM EDT

{"commentId":626463,"authorDomain":"elvo86"}

Elliot Vos

That's what most people are saying. Of course, if he complies with what they're asking to the letter, he can still run the site, and cut into their profits just as much. He may have to re-advertise to make people aware of the name change, but with the help of facebook and volunteers on the quarter mile (how it was successfully advertised the first time), that shouldn't take too much.

I'm optimistic that this will turn out well in the end. The most uncertain part right now is how Dan might be penalized by the school.

{"commentId":626463,"threadId":"91409","contentId":"647580","authorDomain":"elvo86"}

4 votes

#4.1 - Fri Apr 6, 2007 6:46 AM EDT

{"commentId":626469,"authorDomain":"paperdragon"}

Dennis P. McCann

If he complies, it should be no problem. Simple matter of changing the domain.

{"commentId":626469,"threadId":"91409","contentId":"647580","authorDomain":"paperdragon"}

1 vote

#4.2 - Fri Apr 6, 2007 6:56 AM EDT

{"commentId":626748,"authorDomain":"finalcut"}

finalcut

I'd keep the domain and use it to redirect to the new domain as well. This way ritbook.com isn't the domain anymore but rnybookswap.com (rochester ny book swap) or something is the new domain and he can still call the site Really Inexspensive Textbooks (dedicated to students who attend RIT).

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#4.3 - Fri Apr 6, 2007 10:40 AM EDT

{"commentId":627011,"authorDomain":"elvo86"}

Elliot Vos

The problem with that, finalcut, is that RIT will contest the domain ownership. If they bring it to ICANN, RIT will probably win. Still, I believe Dan is attempting to keep the domain, claiming it stands for something else. I guess we'll see if that works.

{"commentId":627011,"threadId":"91409","contentId":"647580","authorDomain":"elvo86"}

#4.4 - Fri Apr 6, 2007 12:39 PM EDT

{"commentId":627072,"authorDomain":"finalcut"}

finalcut

I can see the potential problem. But, until he has to give up the domain name that is what I would do.

At a minimum I would change my domain name (to show I'm reasonable) set up the site at the new place with his spelled out name - set up a redirect at the old name along with a quick screen that explains what is going on on the old domain (so people would see the message for 5-10 seconds and then they could redirect automatically (or click a link to speed up the process).

Then if he loses and has to move at least everyone who uses it site will have been warned of the move. If not then he can have both domain names pointing to the same site (which doesn't really hurt anyway).

{"commentId":627072,"threadId":"91409","contentId":"647580","authorDomain":"finalcut"}

1 vote

#4.5 - Fri Apr 6, 2007 1:04 PM EDT

{"commentId":627152,"authorDomain":"LAUHAL63"}

lauhal

Guess the university should also go after Repository I.T., Inc (RIT) , Rit dye, etc., etc. Besides the university is an .edu, not a com.

{"commentId":627152,"threadId":"91409","contentId":"647580","authorDomain":"LAUHAL63"}

4 votes

#4.6 - Fri Apr 6, 2007 1:49 PM EDT

{"commentId":627210,"authorDomain":"deatienza"}

Eric Atienza

The problem with that, finalcut, is that RIT will contest the domain ownership. If they bring it to ICANN, RIT will probably win. Still, I believe Dan is attempting to keep the domain, claiming it stands for something else. I guess we'll see if that works.

This reminds me of the MikeRoweSoft events of a couple years ago.

{"commentId":627210,"threadId":"91409","contentId":"647580","authorDomain":"deatienza"}

#4.7 - Fri Apr 6, 2007 2:16 PM EDT

{"commentId":627232,"authorDomain":"elvo86"}

Elliot Vos

Yeah, the redirect is a good idea if he were going to switch names. I think he's going to try to keep this one though. So if his domain gets taken away happens, he probably won't have the luxury to provide a redirect, unfortunately.

That's what I was thinking lauhal! And I don't know about other private universities, but this could easily be mistaken for a .com... lol

{"commentId":627232,"threadId":"91409","contentId":"647580","authorDomain":"elvo86"}

#4.8 - Fri Apr 6, 2007 2:26 PM EDT

{"commentId":627442,"authorDomain":"kyleb"}

Kyle Baxter

Man, this is similar to something on our campus at Whittier College in California. The school contracts out its bookstore, and apparently part of the contract is that there is to be no competition on campus.

A friend of mine started up a similar website to your friend's, and although they allow it to operate (the name does not use the college's name), they cannot advertise -- at all -- on campus.

It is pretty pathetic.

I hope your friend wins out on this one. That website is an awesome design, and something that every college campus should have.

{"commentId":627442,"threadId":"91409","contentId":"647580","authorDomain":"kyleb"}

2 votes

#4.9 - Fri Apr 6, 2007 4:39 PM EDT

{"commentId":627473,"authorDomain":"elvo86"}

Elliot Vos

I hope so too. That sounds like a very crappy deal on your campus. Our bookstore isn't contracted out--yet. I'm afraid that even if Dan does win this battle, when Barnes & Nobles takes over in a year or two, we may have the problem you're describing. :-\

I'm a big fan of the design as well. He does great work. I guess it might come without saying that he's a New Media major at RIT. ;-)

{"commentId":627473,"threadId":"91409","contentId":"647580","authorDomain":"elvo86"}

2 votes

#4.10 - Fri Apr 6, 2007 4:57 PM EDT

{"commentId":627674,"authorDomain":"kyleb"}

Kyle Baxter

I don't really understand why colleges are so opposed to student-developed book swap websites. Yeah, I get that it cuts into their profits, but it just seems like an organically-developed on-campus community is something the school should be proud of, not something to be squashed.

Your friend deserves a lot of credit for the website design. I was playing around with it, and the book listings are very well thought out. I especially like the "buy" feature. What a shame it would be if the website is shut down.

{"commentId":627674,"threadId":"91409","contentId":"647580","authorDomain":"kyleb"}

2 votes

#4.11 - Fri Apr 6, 2007 6:52 PM EDT

{"commentId":626604,"authorDomain":"elvo86"}

Elliot Vos

I have been informed that Dan does intend to fight this. He has said that ritbook was originally intended to be "Really Inexpensive TextBook," but that it was never actually publicized as such.

{"commentId":626604,"threadId":"91409","contentId":"647580","authorDomain":"elvo86"}

5 votes

#5 - Fri Apr 6, 2007 9:35 AM EDT

{"commentId":626653,"authorDomain":"cobbs"}

steveoutdoorrec

Good for Dan for fighting back.

Although he will probably lose the case in this Bush era judicial system that sets big business over the little guy. (and believe me if you've seen RIT you will have seen big business) As one fighter of lost causes to another I salute you. Even though you may lose the case the education the journey provides is well worth it.

I'm originally from the Rochester area. In my opinion the school should be encouraging students to stretch themselves not stifling entrepreneurs. If they just ignored the site it would probably go away shortly after Dan graduated by his no longer wanting to pay the bills for the website to keep it running. But by making a case against it the publicity RIT may just cause an expansion of the site to include the University of Rochester, Monroe Community College, SUNY Brockport, and Geneseo State to name a few colleges in the Rochester area. And the nation of college students that pay $100 for a new text book that they can sell back to the bookstore for $30 only to have a friend buy that same book the next semester for $70. Can anyone say price gouging?

I say fight them by expanding the site to include other colleges where the students are more then willing to fight back at the high prices charged for used books at college bookstores. Add a Paypal "Tips" button to solicit donations to keep the site running and Dan will have started a business that is socially responsible and helps students conserve what little cash they have.

{"commentId":626653,"threadId":"91409","contentId":"647580","authorDomain":"cobbs"}

#5.1 - Fri Apr 6, 2007 10:05 AM EDT

{"commentId":626676,"authorDomain":"cobbs"}

steveoutdoorrec

Good for Dan for fighting back.

{"commentId":626676,"threadId":"91409","contentId":"647580","authorDomain":"cobbs"}

1 vote

#5.2 - Fri Apr 6, 2007 10:11 AM EDT

{"commentId":627020,"authorDomain":"elvo86"}

Elliot Vos

RIT is definitely big business, you couldn't be more right on that one. In the past they've always been supportive of entrepreneurs, but I guess it could be because none of them trampled on their trademark.

The founding concept of this website was that all of the books posted are within walking distance, so there's no shipping to deal with, and no delay between payment and delivery necessary, since the two parties can actually meet face-to-face. There are lots of other websites out there dedicated to selling used textbooks. What makes this one unique is fact that you know every book is coming from another student on campus.

Currently advertising is funding Dan's upkeep costs. Though if this ever becomes insufficient, I'm sure students would be willing to donate to keep it going.

{"commentId":627020,"threadId":"91409","contentId":"647580","authorDomain":"elvo86"}

1 vote

#5.3 - Fri Apr 6, 2007 12:43 PM EDT

{"commentId":627400,"authorDomain":"acidreflux"}

AdipicAcid

The simplest way for this to go away is for a few well connected alumni to threaten to withhold donations if he's hauled before Student Conduct. I can't believe how tin-pot Deans of Students persist in doing severe damage to their universities' public image by letting this get this far.

All of this could probably have been resolved amicably if the administration hadn't decided to prove that they have bigger wangs than the student.

{"commentId":627400,"threadId":"91409","contentId":"647580","authorDomain":"acidreflux"}

2 votes

#5.4 - Fri Apr 6, 2007 4:13 PM EDT

{"commentId":627421,"authorDomain":"elvo86"}

Elliot Vos

Well put, AA. I'm hoping some more publicity will bring this conflict to a better conclusion (possibly through alumni involvement).

{"commentId":627421,"threadId":"91409","contentId":"647580","authorDomain":"elvo86"}

#5.5 - Fri Apr 6, 2007 4:24 PM EDT

{"commentId":626673,"authorDomain":"cobbs"}

steveoutdoorrec

Dan needs to put a Donation button on his site for legal fees that will come from fighting the case. Even if his lawyer donates his time there will still be some bills that must be paid by someone. Let the public help support his right to help fellow students.

{"commentId":626673,"threadId":"91409","contentId":"647580","authorDomain":"cobbs"}

2 votes

#6 - Fri Apr 6, 2007 10:10 AM EDT

{"commentId":627021,"authorDomain":"elvo86"}

Elliot Vos

I'll suggest that to him.

{"commentId":627021,"threadId":"91409","contentId":"647580","authorDomain":"elvo86"}

#6.1 - Fri Apr 6, 2007 12:44 PM EDT

{"commentId":627064,"authorDomain":"nickybatts"}

Nicholas BattagliaDeleted

{"commentId":627816,"authorDomain":"jrt"}

PraggyDeleted

{"commentId":644185,"authorDomain":"elvo86"}

Elliot Vos

Some small updates about what's going on a week and a half later...

{"commentId":644185,"threadId":"91409","contentId":"647580","authorDomain":"elvo86"}

#9 - Mon Apr 16, 2007 7:24 AM EDT

{"canLink":false,"threadId":"91409","isPrivate":false}

ELLIOT VOS

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Rochester University Threatens Own Student Over Book Trading Site's Name

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