A trial court has ruled in favor of Mattel in a lawsuit against Super Duper, a small publisher of special education materials, in a case regarding Super Duper’s right to use “and Say” in educational materials. Super Duper, started 22 years ago in Greenville, S.C., publishes workbooks, card decks, and games for autistic and other learning-disabled children.
In March 2004, Mattel opposed a trademark registration filed by Super Duper for use for the name “Sort and Say” on a line of special education magnetic games. In 2005, Mattel filed to cancel Super Duper’s registered marks of Fish & Say, Fold and Say, and See It!, Say It!. Consequently, Super Duper filed a lawsuit in federal court seeking to find that its 15 “Say” trademarks did not infringe on any of Mattel’s trademarks. Mattel claimed that Super Duper’s “Say” trademarks infringed on its See ‘N Say electronic pull toy and asked the court to prevent Super Duper from publishing any materials with the 15 marks and also sought $10 million in damages.
At trial last week, the jury found that seven of Super Duper’s marks infringed upon and diluted Mattel’s trademark. The court awarded Mattel $400,000 in damages plus the right to prevent Super Duper from selling any of their educational products named with the trademarks.