AACRAO lost against AUAP in Federal court

Discussion in 'Accreditation Discussions (RA, DETC, state approva' started by Peaceforall, Aug 9, 2007.

  1. Peaceforall

    Peaceforall member

    According to AUAP pages:

    "AUAP wants to thank the US scholars and universities officials who helped to deny the AACRAO Motion (Case Civil Action 06-137). This motion was denied by Magistrate Allen Kaye, and then appealed by AACRAO to be denied again by Judge Ellen Segall Huvelle of the United States District Court for the District of Columbia on August 8, 2007. Except for the "bewildering" lawsuit, AUAP still considers AACRAO as an honorable association. AUAP regrets that AACRAO members have to spend probably more than $150,000 to expensive DC lawyers (Arent Fox) to be denied twice by the most respected Federal Court of the United States of America."

    I think it closes the controversy.
  2. John Bear

    John Bear Senior Member

  3. RobbCD

    RobbCD New Member

    Here's a response from an expert (g-gollin) on another channel:

    Cogitoergosum wrote:

    ...AACRAO sued AUAP and lost...

    g-gollin wrote:

    No. AUAP agreed to settle, stop using AACRAO's mark, and so forth, ending the trial phase of the case. The settlement included release to AACRAO of the addresses of AUAP customers. AUAP failed to comply, and maintained that it didn't keep written records that would allow such information to be provided to AACRAO. The recent "blood from a turnip" thing refers to the court's decision not to hit Prade and AUAP with a contempt citation; it was AACRAO's motion for the contempt citation to move forward that the court decided against.

    The material you have been posting misrepresents the court's actions.
  4. Peaceforall

    Peaceforall member

    AACRAO loss to AUAP

    I do not think that g-gollin is an 'expert" as he is according to his own profile a "Physicist and educator(?)" He seems to be the representative of AACRAO.

    I went to the source: The United States District Court of the District of Columbia, but I do not consider myself as an expert, despite my Swiss Law degree.

    It is clear that:

    AACRAO motion in all counts against AUAP was denied twice by Magistrate Kaye and Judge Huvelle of the United states District Court of the District of Columbia . Friends told me that it is the most respected court as it is in your capital.

    AACRAO have to pay the huge legal fees of Arent Fox, a famous DC Law firm, contrary to defendants, which were "pro-se" at the beginning.

    I noted that AUAP mentioned the court decision and not AACRAO, which says something to me..

    By the way, it is funny to see how American reacts when they do not agree with a justice decision... In Switzerland it is forbidden to criticize a judicial decision.
  5. SteveFoerster

    SteveFoerster Resident Gadfly Staff Member

    George is well known as an expert on these issues. While he's primarily an academic physicist, the international aspect of academic legitimacy has long been one of his research interests.


  6. Peaceforall

    Peaceforall member

    AACRAO lost against AUAP

    I thank you for Mr Golin CV. It is impressive. Mr. Golin does not look le to me like a legal expert. He could be interested in international education but his interpretation of the two adverse decisions against AACRAO by the US District Court of the District of Columbia seems really biased and has very little legal foundation. For example Mr. Golin wrote: "AUAP failed to comply", which is wrong as the Federal court in two occasions denied the alleged failure of compliance.

    The two federal judges (sorry one was a "magistrate") denied the AACRAO motion on every count. I cannot imagine what people would have said if the AACRAO motion was granted!

    In court proceedings there are winners and losers.

    I looked at the motions: It was about trademarks (AUAP was part of AACRAO) and not about Diploma Mills.
    Last edited by a moderator: Aug 10, 2007
  7. MrLazy

    MrLazy New Member


    You and some other people have completely misinterpreted the recent rulings concerning this case. George Gollin's statement concerning the case is correct.

    AACRAO and AUAP reached a settlement in the original case. AUAP did not comply with all the requirements of the settlement in the time allowed. AACRAO motioned to find AUAP in contempt. By the time the motion was heard, AUAP had complied as well as was possible to the requirements of the settlement. The first judge to hear the contempt motion therefore found the argument moot and dismissed it. AACRAO then appealed that decision because they wanted AUAP punished for not complying. The second judge also agreed that since AUAP had complied that the contempt motion was unnecessary and denied it.

    Here is the text of the recent ruling.
    The document is available on ECF system, however, I shouldn't just link directly to the document. However, I believe most lay people can get it at http://www.dcd.uscourts.gov/district-court.html
    Click on "Opinions filed in 2007". Find the case in the list that appears on the next page. Click on Doc. No. 43.
  8. Peaceforall

    Peaceforall member

    AACRAO lost against AUAP

    Thank you very much,

    The AUAP statement that I posted originally was then correct (for once) even if its hurt our feelings.

    1) They wrote "the AACRAO Motion (Case Civil Action 06-137) was denied by Magistrate Allen Kaye. ACCRAO appealed, to be denied again by Judge Ellen Segall Huvelle of the United States District Court for the District of Columbia on August 8, 2007."

    2) AUAP still considers AACRAO as an honorable association.

    3) Their statement :"AACRAO members have to spend probably more than $150,000 to expensive DC lawyers (Arent Fox) to loose in the most respected Federal Court of the United States of America." is probably right as lawyers are expensive in DC.

    By the way I posted another thread about acceptance of European students following the Bologna declaration Could you help my young brother, it is very confusing.
  9. Rich Douglas

    Rich Douglas Well-Known Member

    You don't know this. Your only source is a highly self-serving one that acts in a dispicable manner.

    That you choose to advocate for this organization makes you one with them. Congratulations.
  10. Peaceforall

    Peaceforall member

    I am for nobody!

    Dear Rich,

    I just express ideas in an open forum, expecting people to respect it even if they do not share it.

    I thought it was the base of your US constitution. In Geneva, Calvin reacted like you and burned Jean Servet...

    Now an area of my city is called la Servette.....Please do not burn me I am not Joan of Ark and you are ( I am sure) not the "Abbé Cauchon..."
  11. Rich Douglas

    Rich Douglas Well-Known Member

    Then you are mistaken. "Respecting" a viewpoint is not the same as letting it go unanswered. You posted a viewpoint based upon a very vague and unsubstantiated statement on a website operated by people with a considerable stake in the outcome. That is hardly worthy of "respect." If you want to post on this board, expect others to counter the things you say. Don't think for a minute you get to post whatever you want without others commenting.

    As for your martyrdom, no worries. I didn't talk about you; I talked about what you posted. This is a very significant difference. Your delusions of grandeur are stunning to observe, though. Ste Jeanne D'Arc? Really..... :rolleyes:
  12. Peaceforall

    Peaceforall member


    I was just reporting a news I saw on a webpage and get vilified.
    I am not a saint for two reasons:

    1) I am protestant, and we have no saint.

    2) I am a sinner, like you. See the #9 "You must not give false evidence against your neighbour." You are my neighbour in Cyberspace no?
  13. John Bear

    John Bear Senior Member

    AACRAO's official response

    Here is AACRAO's Press Release on this matter, posted with their permission:


    Washington, DC: The American Association of Collegiate Registrars and Admissions Officers’ (“AACRAO”) trademark infringement lawsuit against Jean Noel-Prade and the American Universities Admission Program (“AUAP”) has concluded with full vindication of AACRAO’s trademarks and condemnation of the practices of AUAP and Prade. The U.S. District Court for the District of Columbia entered judgment holding, among other things, that AUAP and Prade violated AACRAO’s trademarks, falsely designated AUAP’s services as affiliated with AACRAO and unfairly competed with AACRAO. The Court permanently enjoined Prade and AUAP from claiming any type of affiliation with AACRAO, from making any use of AACRAO’s trademarks, and it forced Prade and AUAP to destroy all of AUAP’s records and materials related to its unlawful use of the AACRAO trademarks.

    Diploma mills and the credential evaluation services that perpetuate the fraud rely on the perception of legitimacy created by a false affiliation with reputable organizations like AACRAO.

    In the case of Prade and AUAP, AACRAO refused to tolerate their falsely asserted affiliation. In a process that began over twenty months ago when AACRAO filed the lawsuit against AUAP and Prade, the lawsuit has finally concluded after a nine month period during which the court supervised and ordered AUAP’s and Prade’s compliance with the Injunction. “While I appreciate the court’s willingness to compel Prade’s compliance with the Injunction, trademark owners should not have undertake such a lengthy process to enforce their rights,” says Barmak Nassirian, Associate Executive Director with AACRAO. “It shows that at least for now the courts have not fully grasped the harm to all of us in education caused by diploma mills.”

    Despite recognizing the “indignant heel dragging” of Prade and AUAP in complying with the Court’s directive to recognize AACRAO’s trademark rights, the Court chose not to grant the exceptional remedy of contempt sanctions against Prade and AUAP. Prade has recently claimed victory in the litigation on the basis of the Court’s decision to not assess contempt sanctions for Prade and AUAP’s dawdling compliance with the Court’s directives. “It’s like a pupil that cheats on an exam claiming he did nothing wrong simply because he was only suspended rather than expelled,” say Nassirian.

    Diploma mills, facilitated by the likes of Prade and AUAP, are a serious problem for AACRAO, its members, and higher education generally. Through this litigation, AACRAO has shown that it will doggedly enforce its trademarks and pursue every avenue of relief available to ensure that students and administrators do not fall victim to these types of illegitimate services.

    Should you have questions regarding the litigation between AACRAO and AUAP and Prade, information regarding additional claims by AUAP that is affiliated with AACRAO, or information about other diploma mills falsely claiming affiliation with AACRAO, please contact Barmak Nassirian at (202) 263-0290 or e-mail [email protected].
  14. Peaceforall

    Peaceforall member

    AACRAO lost to AUAP

    AACRAO settled 18 month ago as the consent judgment was in spring 2006.

    AACRAO just lost on August 8 2007, their motions were denied twice in a Federal Court.

    With a "Victory" like that Pearl Harbor was a US victory, like us the Italians in Ethiopia....

    I noticed that AACRAO and AUAP are competitors as they have both Credential Evaluation Services.

    It can explain the whole fight no?

    An interesting statistic: Number of visits of each site (source Alexa), the two sites are close.

    AUAP 583,285
    AACRAO 565,936

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