Parents and Teachers Outraged at Mattel - Makes Super Duper Destroy $500,000 of Goods that Help Children with Autism

Greenville, SC (MMD Newswire) August 31, 2010 -- Parents, speech-language pathologists, special educators, and teachers across America and abroad are expressing outrage with Mattel Toy Company for making Super Duper Publications, a company that makes educational materials for children with autism, destroy over $500,000 in special needs goods - all because these books, card decks, and educational games have the words SAY and AND SAY in their titles. www.superduperinc.com

This past July, Fourth Circuit Court of Appeals Judges Dennis Shedd, G. Steven Agee, and Clyde Hamilton upheld a trial court judgment by Judge Henry Floyd requiring Super Duper to stop using SAY and AND SAY in the titles of seven product lines.* The Court found these products infringed upon and diluted two trademarks held by Mattel on toys called SEE 'N SAY and THE FARMER SAYS. http://pacer.ca4.uscourts.gov/opinion.pdf/091397.U.pdf

Mattel lawyer Frank Holleman, who is running for State Superintendent of Education in South Carolina, demanded that all of these special needs SAY products and related advertising be destroyed or Mattel would suffer "irreparable harm."

Holleman also convinced the Courts to order Super Duper to pay $1 million of its profits to Mattel and $2.6 million of Mattel's attorney's fees. Mattel representatives did not respond to several attempts for an interview regarding this matter.

Jacqueline N., a speech-language pathologist from Bolingbrook, Illinois, wrote to Mattel,"This is my second letter regarding the court case against Super Duper by Mattel and let me say I am ABSOLUTELY OUTRAGED! I thought the suit alone for trademark was frivolous enough, but now I am INFURIATED by the fact that materials will be destroyed when Super Duper was willing to donate them to assist children with Autism. Have you people NO MORALS?????"

A speech pathologist from Dayton, Ohio, Lynette M. agreed. She toldMattel that she was "appalled at the litigation... I don't for one minute believe that any of you in your company were concerned that consumers might become "confused" by the products because of the name. Super Duper is highly regarded in the therapy community and provides materials, not TOYS, for individuals with special needs. Therapists and educators are THE primary consumers of their products. For you to say 'we' could become confused is an insult to our intelligence."

She went on to chastise Mattel, telling the toy company it doesn't have "the right to bully others just so that you can make your shareholders happy and pad your own pockets. Your company was well respected and this frivolous lawsuit merely puts you in the same category of greedy corporate America trying to make a buck at the expense of others...Your Company should do the responsible thing and vacate the judgment against Super Duper."

The reaction against Mattel was not limited to speech pathologists. Michael V., a father of a special needs child, told Mattel that its actions were "reprehensible... I cannot find one single item in your entire product line that has any redeeming value for children with special needs and now you will squash a company that produces a useful product for my child... you should be ashamed."

Susan S. from Cincinnati, Ohio is a former special educator, a parent advocate, and mother of a child with multiple disabilities. She wrote Mattel, "I have observed the Super Duper products successfully being used in environments that include private therapy clinics, school clinics, classrooms and private households. Even when I've observed Super Duper products and the Mattel "See 'N Say" being used in the same setting, no one has ever expressed concern these products, from the two very different companies, could be confused."

She also questioned Mattel as to why Super Duper had "to defend their superior products which in no way, shape or form resemble what Mattel has to offer with their excellent "See 'N Say" line of toys. If the Mattel Toy Company is that concerned with possible confusion between the "See 'N Say" and Super Duper products, why don't they invest more time, monies and research to produce products that fit the niches of the disability-related community instead of suing one that already does an exceptional job?"

Lee T. from Roswell, Georgia stated "I truly don't understand how a company can claim ownership of a common word such as "Say" in all its forms. I suggest Mattel come to its senses and join hands with Super Duper to make sure that SLPs have quality therapy materials to help children with autism and other communication disorders to become the best they can be."

Many people have asked Mattel to vacate the judgment and to leave Super Duper alone. Cathy D., a mother from Oak Park, Florida, expressed this sentiment when she wrote that "Super Duper is merely using the most appropriate word to name their products. "I firmly believe the Mattel people should stop harassing Super Duper and vacate the judgment." She said if Mattel persisted in hurting Super Duper, "I will not be buying Mattel products anymore and I will encourage my colleagues to do the same."

Word of Mattel's harmful actions against the special needs company has even reached overseas. Hazel O., a mother and Behavioral Analyst from Limerick, Ireland, said she "was a fan" of Mattel toys, but she was "very disappointed" with Mattel's conduct. She noted that Super Duper products were "invaluable in my work with special needs children, particularly those with speech and language delays." She further told Mattel "What you have done is WRONG. This company was no threat to you and it is a clear case of Might over Right."

Cecelia C. a speech pathologist from Malvern, Arkansas, seems to have summed up the frustration many feel with Mattel and the courts."I whole-heartedly support Super Duper Publications for the right to keep "Say" in its product titles. I have never (neither have any other of the many SLP's I've talked to) confused or even thought about Mattel/Fisher Price "See 'N Say" toys when selecting products from Super Duper. It is outrageous for four federal judges to support such a monopoly of the word "Say."

She went on to say, "This is yet another example of the rights of "small" businesses being violated. It is a despicable shame that Super Duper Publications has to spend time and money on such a ridiculous assertion."

Super Duper is not giving up until it has no remedy left. It is appealing this case to the U.S. Supreme Court in hopes that the Supreme Court will reverse the finding of the lower courts and let it keep the words SAY and AND SAY in all of its special needs product titles.

For more information on this case, go to www.speakupforsay.com

* The other Judges on the Fourth Circuit who refused Super Duper's Petition for Rehearing are Chief Judge William B. Traxler, Jr.; Judge J. Harvie Wilkinson III; Judge Paul V. Niemeyer; Judge M. Blane Michael; Judge Diana Gribbon Motz; Judge Robert B. King; Judge Roger L. Gregory; Judge Allyson K. Duncan; Judge Andre M. Davis; and Judge Barbara Milano Keena.

Contact: Nancy Wolfe
Email: speakup@speakupforsay.com
Phone: 864-243-9000

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