Oh my. Now Mattel can sue me, apparently. THIS IS FREAKIN' UNBELIEVABLE. As one of the many, many, MANY professionals who uses Super Duper Products - with great success, I might add - I am APPALLED that Mattel is doing this. Utterly unbelievable. Please read and then WRITE SOME E-MAILS!!!!
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If you want to contact Mattel about the article below, here are some of Mattel's Major Investors and Board of Directors members.
p.coyne@delinvest.com Institutional Investor
james.kennedy@troweprice.com Institutional Investor
scott.powers@ssga.com Institutional Investor
lloyd.blankfein@goldmansachs.com Institutional Investor
michael.dolan@trm.com Board Member
dominic.ng@eastwestbank.com Board Member
vmprabhu@starwoodhotels.com Board Member
kwhite@ruralsource.com Board Member
dean.scarborough@averydennisonm.com Board Member
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Mattel Wants Small Special Education Company Super Duper Publications
to Pay $5.46 million and Stop Selling SAY Products
Apparently not satisfied with the $400,000 judgment against small special education company Super Duper Publications, Mattel Toy Company has now asked the trial court to make Super Duper pay $5.46 million dollars of Mattel's attorneys' fee and costs. This is all based upon Super Duper using the word SAY in some of its speech and language product titles.
In addition, Mattel has asked the trial court to permanently prohibit Super Duper from selling seven lines of its SAY products until Super Duper changes the names in the titles of these products to something that does not use the word SAY. If the court grants this request, Super Duper will have to destroy hundreds of thousands of dollars in special education product inventory, stop selling these products indefinitely, and spend hundreds of thousands to replace these products with ones that have new titles.
Super Duper, a publisher of special education materials, has been in a four-year long legal battle with the world's largest toy company, Mattel, over the right to use the words "AND SAY" on its educational materials. The final outcome of this case will have widespread impact on the rights of special needs and other educational companies to protect trade names on their materials against attacks from huge companies like Mattel.
Super Duper, started by Thomas and Sharon Webber 22 years ago in Greenville, South Carolina, has provided tens of thousands of autistic and other learning disabled children with helpful educational products. Since 1987, the Webbers have used the words "AND SAY" and "SAY AND" in the titles of their speech and language materials, including workbooks, card decks, and games.
In March, 2004, Mattel opposed a trademark registration the Webbers had filed for use for the name "SORT AND SAY" on a line of special education magnetic games. A year later, Mattel filed to cancel three other Super Duper registered marks , FISH & SAY, FOLD AND SAY, and SEE IT!, SAY IT!.
Super Duper then filed a lawsuit in federal court, seeking a finding that its 15 SAY trademarks did not infringe on any of Mattel's trademarks. Mattel responded by claiming Super Duper's use of these SAY marks on its special education products amounted to trademark infringement and dilution of Mattel's SEE 'N SAY electronic pull toy. Mattel asked the court to prevent Super Duper from publishing any of its materials using the 15 marks, and sought $10 million in damages.
The case recently went to trial where Super Duper showed that, unlike Mattel, it is a direct mail order seller, has no retail outlets, does not compete in the toy industry, and makes only therapy materials for highly trained professionals and parents to use with autistic and other special needs children.
Nevertheless, the trial court, ignoring the usual practice of ruling on complicated trademark issues from the bench, submitted the case to the jury. Mattel lost on two of the claims it brought against Super Duper (alleged unfair competition, and alleged fraud before the Federal Trademark Office), and also lost on its trademark and infringement claims relating to eight (8) of Super Duper's fifteen (15) SAY titles. However, the jury found that seven of Super Duper's SAY marks had infringed upon and diluted Mattel's mark. It awarded the $5.6 billion dollar (annual income) toy company $400,000 in damages.
The Webbers insist that none of their marks infringe upon or dilute the Mattel toy trademarks, and that nothing that they have done has hurt Mattel in any way. They plan to appeal the verdict to the Fourth Circuit Court of Appeals and continue to fight for the right to use "AND SAY" on their special education products.
Mr. Webber also stated that should the trial court grant Mattel's request for $5.46 million in attorneys' fees and costs, Super Duper will ask the Appeals Court to suspend collection of this sum until the appeal is heard. He further indicated that if the trial court orders that Super Duper stop selling any SAY titles, he will ask the Appeals Court to allow Super Duper to continue selling these products until the Court renders its decision on appeal.
The decision by the Appeals Court will affect all businesses in general, and educational publishers in particular, as it will spell out just how far monster-sized businesses like Mattel can use their limitless resources to try and take away everyday words like SAY from smaller companies and individuals.
Contact: Thomas Webber, Chairman/CEO attn: twebber@superduperinc.com or his cell 864.918.4373
Case Details:
Super Duper, Inc. d/b/a Super Duper Publications vs. Mattel, Inc.
CA # 6:05-1700
United States District Court for the District of South Carolina Greenville Division
Plaintiff Attorney: Steve LeBlanc of Dority and Manning, Greenville SC
Defendant Attorney: Frank Holleman of Wyche Burgess Freeman and Parham, Greenville, SC and Jill Pietrini of Manatt Phelps and Phillips, Los Angeles, CA
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