Parents, teachers and medical professionals have criticised toymaker Mattel after it forced another firm to destroy $500,000 worth of materials for autistic children in a trademark dispute.
By James Tweedie
Toy giant Mattel sued South Carolina-based special educational needs materials firm Super Duper Publications over its use of the words ‘Say’ and ‘And Say’ in the names of seven of its products.
In July the Fourth Circuit Court of Appeals tribunal upheld the original ruling by Judge Henry Floyd, which upheld Mattel’s claim that the products infringed upon and diluted its trademarks on the ‘See N Say’ and ‘The Farmer Says’ toy ranges.
Counsel for Mattel Frank Holleman – who is seeking election as state superintendent of education in South Carolina – argued that if all stocks of the products and related advertising were not destroyed, then Mattel would suffer “irreparable harm.”
The court also awarded Mattel $1 million in damages and $2.6 million in legal costs at Super Duper’s expense.
Now a publicity and letter-writing campaign has been launched to pressure Mattel into dropping its claim against Super Duper.
One speech pathologist identified as Lynette M. from Dayton, Ohio, wrote to Mattel to say that she was “appalled at the litigation.”
She wrote: “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.”
Michael V., the father of a special needs child, told Mattel that its actions were “reprehensible.”
He wrote: “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.”
Former special educator, a parent advocate, and mother of a child with multiple disabilities Susan S. from Cincinnati, Ohio, also wrote to Mattel.
She said: “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?”
Children Educational Toys