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Thursday, August 26, 2010

Super Duper vs. Mattel

"Say and Do" Phonemic Awareness: Stories and Activities (Super Duper Series)An awesome special needs product company has been sued by Mattel for using the words "Say" and "and Say" on some of their materials. Mattel thinks they are ripping off the See 'n' Say toy.

Aside from the fact that the products with the words in question don't make sounds and don't have a pull handle, these materials are catalog and internet sales only.

You're not going to walk into a Toys'R'Us and find a speech pathology game (to use an example) called "See It!, Say It!" and think to yourself, "Hmm, my kids just loved that See'n'Say toy. This must be made by the same company. I'll buy it because my kids had so much fun with the other toys by this company!"

Mattel already won some money from Super Duper, but now they are trying to make them destroy all of the materials that currently have the words "say" or "and say" on them and produce all new copies of the materials with new titles. This, in addition to the money Mattel is suing for, would probably bankrupt the company, I'm guessing. They aren't a huge business.

I've ordered from them several times. They have items that are great for kids with autism, speech/language delays, and other special needs. I hope they win their appeal.

Here is an email I received from the company asking for help distributing this info, so I thought I'd share it:

This message is NOT an advertisement. It concerns the Super Duper-Mattel case.

We at Super Duper ask that you consider helping us in our fight with Mattel over the use of the words SAY and AND SAY in our product titles.

If you are a member of any state or national organizations, please encourage them to contact me, Thomas Webber, and join with other organizations in support of filing an amicus brief (friend of the court brief) with the U.S. Supreme Court, asking the Court to hear Super Duper’s appeal. I will explain the rest.

My email is and my cell phone is 864-884-1079.

Thank you for taking time to consider helping us.

Thomas Webber

This is a special message from Super Duper® Publications ©2010 dealing with the Mattel case.

I also copied this press release from

Mattel wants Small Special Education Co Super Duper to Pay $5.46 million, and More...

Not satisfied with a $400,000 verdict against small special education company Super Duper Publications (based upon SD using the word SAY in some of its special needs product titles), Mattel has asked the trial court to make Super Duper pay $5.46 million dollars in attorneys fees and costs, plus stop Super Duper from selling these SAY products until it takes SAY out of the product names.

At trial, 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.

Despite the mixed verdict, Mattel wants Super Duper to fully reimburse it for all of its fees and costs of the lawsuit.

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 SAY word. If the court grants this request, Super Duper would have to destroy hundreds of thousands of dollars in special education product inventory, stop selling these products indefinitely, and spend hundreds of thousand of more dollars to replace these products with ones that have new titles.

Thomas Webber, co-owner of Super Duper, has previously indicated that Super Duper will appeal the $400,000 judgment to the Fourth Circuit Court of Appeals because Super Duper believes it has done nothing wrong in using the SAY word on product titles that are directed specifically to teachers and parents of autistic children and other children with speech and language delays or disabilities.

Mr. Webber also stated that should the trial court grant Mattel’s request for $5.46 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 the SAY titles involved in the judgment, he will ask the Appeals Court to allow Super Duper to continue to selling these products until the Court renders its decision on appeal.

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