Appeals Court Upholds Mattel Decision in Infringement Lawsuit

August 3, 2010 By

The U.S. Fourth Circuit Court of Appeals, led by judges Dennis Shedd, G. Steven Agee, and Clyde Hamilton, have upheld a trial court judgment ordering Super Duper Publications to destroy all of its goods that advertise or contain the name “Say” and “And Say.”

Super Duper is a publisher of educational materials for children with autism and other communication disorders. Since its establishment in 1987, the company has developed 15 lines of “Say” products such as Fold And Say articulation and language books, Fish and Say speech and language floor games, and See it Say it flip books for children with apraxia.

The trial court ruled that Super Duper infringed upon Mattel’s See ‘N Say and The Farmer Says toys.

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Super Duper Loses Trademark Battle with Mattel Over “And Say”

July 22, 2010 By

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.

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Play Visions Files Infringement Lawsuit Against Dollar Tree Stores

June 29, 2010 By

Play Visions, Inc. has filed an infringement lawsuit in the U.S. District Court for the Western District of Washington against Dollar Tree Stores and its sister company, Greenbrier International, Inc.

The lawsuit alleges that Dollar Tree Stores “knowingly, willingly, and unlawfully is infringing patents, trademarks, and copyrights, and intended to infringe on Play Visions intellectual property rights.” The lawsuit lists more than 20 items that Play Visions believes infringes on their IP rights, and the company also believes there might be more.

Play Visions is seeking damages and attorney’s fees.

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Aurora World Files Copyright Infringement Lawsuit Against Ty

December 2, 2009 By

 

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Aurora World, Inc. has filed a lawsuit against Ty, Inc. for copyright infringement regarding Aurora’s plush line YooHoo & Friends and Ty’s Beanie Boos. The lawsuit, which is filed in federal court, also claims four other violations based on the Lanham Act, California Business and Professions Code, and common law for misappropriation and unfair competition.

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