Apparently not satisfied with its recent $400,000 judgment against small special education company Super Duper Publications (based upon Super Duper using the word SAY in some of its speech and language product titles), Mattel Toy Company has now asked the trial court to make Super Duper pay $5.46 million dollars of Mattel’s attorneys’ fee and costs.

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.

Media Contact: Thomas Webber, Chairman/CEO at This email address is being protected from spam bots, you need Javascript enabled to view it    or his cell 864.918.4373

www.superduperinc.com    

Case Details:
Super Duper, Inc. d/b/a Super Duper Publications vs. Mattel, Inc.

CA # 6:05-1700
United States District Court for the District of South Carolina Greenville Division

Plaintiff Attorney: Steve LeBlanc of Dority and Manning, Greenville SC

Defendant Attorney: Frank Holleman of Wyche Burgess Freeman and Parham, Greenville SC and Jill Pietrini of Manatt Phelps and Phillips, Los Angeles CA

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