BOYCOTT MATTEL (lawsuit hurts special needs kids)

[BethSLP]

I am a speech pathologist who thinks a boycott of Mattel is in order until they cease and desist harrassing a small company that makes therapy materials for special needs children. This is really unbelievable to sue over the use of the word "SAY."

Here is a link to Super Duper's legal battle with Mattel to protect the right of educational publishers to use the word "SAY" in the titles of their products:

http://www.mmdnewswire.com/special-e...ttel-3326.html

Here's a letter I sent to Mattel at the following email addresses:



[e-mail] Chairman of the Board, Chief Executive Officer
[e-mail] President - Mattel Brands
[e-mail] Chief Financial Officer
[e-mail] Senior VP General Counsel, Secretary
[e-mail] VP-Intellectual Property for Mattel
[e-mail] Senior VP Investor Relations, Treasurer
[e-mail] Senior VP Corporate Responsibility
[e-mail]
[e-mail]
[e-mail]


To whom it may concern,

I recently learned about a lawsuit between your company and Super Duper regarding the use of the word "SAY." As a parent and speech language pathologist, I am extremely disappointed that your company would engage in legal battles with Super Duper over such an insignificant (and in my view, petty) issue. Super Duper is a small company and their products are the most fun, innovative, and affordably priced on the marketplace today for those of us doing speech therapy with young children. It has never crossed my mind that any of these products have a relationship or resemble your products in any way. I had a SEE N SAY when I was a kid. Its an electronic toy, not flash cards to be used in therapy with special needs children. To ever think you can claim the word "SAY" as a copyright makes no sense to me as a speech pathologist. Further, the materials Super Duper provide are helping children all over the U.S. For Mattel, a company that should want to benefit children, to attack a specialized therapy business that is a fraction of your size is very discouraging.

My husband and I are both elementary school speech pathologists, as well as the parent of a 2 yr old. She has many Fisher Price toys. Until this issue is resolved, we are no longer going to buy your products. Further, we will see to it that other parents (especially those whose children are benefitting from the therapy products Super Duper offers) know about this as well. I am planning to post this information on my parenting forums online, and share them with our daughter's school and playgroup moms.

I look forward to a response.

Sincerely,
M. Beth Williams, M.A. CCC-SLP and mom

[mamaverdi]

This is revolting.

[bdavis337]

What? That's just ridiculous.:

[kchoffmann]

omg, I just scrolled down and found this thread. Thanks for posting. It's despicable.

[JamSamMom]

Count me into a boycott!!

[lactationlady]

That is disgusting! It is unreal that the jury actually ruled in Matel's favor at the first trial. I will be writing my letters in the morning, when I am more coherent and can sound intelligent.

[CherryBomb]

Uggh, how horrible! I sent an email-

To Whom It May Concern,

I recently learned of your lawsuit aimed at Super Duper Publications regarding usage of the phrase "AND SAY." As the parent of a child with special needs, I'm shocked and extremely upset that your company would go after a small company providing such a valuable resource to children with special needs. I find it perplexing that your company believes they are more deserving of using the word "SAY" than a company specializing in products utilized in speech therapy. The products in no way resemble your own and I can't in anyway see how a parent or therapist could confuse Super Duper's products for your own. While it's mildly irritating that you would seek to prevent another company from using the phrase "AND SAY," it's outright disturbing that you would seek $10 million in "damages." Super Duper Publications is a small company and I'm sure you realize that they can not afford even the 400K that you were "awarded." To go after a company that is seeking to improve the lives of our most vulnerable children for such a petty reason is reprehensible to me.

I currently have three children and will cease buying your products until the lawsuit is dropped. I am forwarding this information to all the parents I know, particularly the parents of children with special needs and urging them to do the same. I will also be giving this information to my daughter's 3 therapists and urging them to pass this along to their employers and other therapists. As well, I will be contacting my local media outfit and encouraging them to cover this story.

Sincerely,

Catherine H.

(btw some of the emails didn't go through)

[theretohere]

[Debbieslp]

Here is another letter -- I wrote this one and forwarded it to about 90 parents and teachers/therapists in my email list when I first heard of this lawsuit:

Dear investors and board members,

I know that I speak for all of my colleagues in speech-language pathology and special education, as well as for the many parents of children with disabilities we have worked with over the years, in expressing an outrage against the lawsuit that has been filed by Mattel against Super Duper Publications.


I use products from Super Duper, including most of their therapy tools and cards that have the word "SAY" in the title, AND Mattel toys, including "SEE N SAY" toys, in my practice. Most of my colleagues, and many of the parents of children with disabilities I have served, would be able to say the same thing.

Buying a set of FISH & SAY materials to help a late-talking preschooler learn to articulate speech sounds, or FOLD & SAY photocopy books to teach kindergarteners with mental retardation the meaning of prepositions, or SORT & SAY magnets to help a third grader with autism learn to answer questions, did not dissuade me or prevent me from also buying Mattel toys and games for my waiting room, nor for my friends' children.

Just this afternoon I used a wonderful flip-chart book aptly called SEE IT, SAY IT with a 14 year old girl who has Down Syndrome and a severe speech disorder called verbal apraxia. Using this book, she practiced pronouncing the /m/ and /ah/ sounds. With the help of these and other therapy materials, this young lady's mother can finally hear the gratifying sound of her daughter calling her "Mom."

Using SEE IT, SAY IT did not hinder this girl from enjoying Mattel High School Musical or Hannah Montana games, the UNO game and View-Master in my office, and any number of other Mattel products in her home and school.



I would urge all investors and board members to put pressure on the Mattel legal team to drop this meaningless and unnecessary lawsuit.


If Mattel continues to pursue legal action against Super Duper, I assure you that word will travel fast from speech and language pathologists and special education teachers, to general education teachers, to school principals and administrators, and support staff at all levels of education from daycare centers to universities; word will travel just as quickly from parents, grandparents, uncles and aunts of children with disabilities, to their friends, neighbors, co-workers, and the managers of the toy stores they patronize.



Consumers will respond and participate in righting a wrong done to a small company whose mission is to make creative, colorful and effective educational materials for those children in our world -- you may know some! -- who need a little extra help in learning.




Respectfully Submitted,


Deborah L. Bennett, M.S., CCC-SLP
Speech and Language Pathologist

[[e-mail]]

Failure to deliver notices

Has anyone had problems sending emails to the above address? I tried to send emails and they are being returned. I tried to send both as a group and individually and the addresses were rejected. Here is what I sent:

Dear Mattel:

As a Speech Pathologist working with children who have special needs, I am completely disappointed in your decision to further pursue this lawsuit. The idea that Mattel feels that it owns the rights to the word "Say" is ridiculous. Often within our practice, we ask children to "say" words for phonological and articulation therapy. I am certain that Super Duper intended these products for use with special populations for therapeutic use. I hope that Mattel realizes that if it bankrupts this small specialty company there will be repercussions. Those who work with special needs children and the parents of special needs children are a tight knit group. Word is spreading across the Internet like a wildfire.
If Mattel continues to pursue this frivolous lawsuit, I like many parent/SLPs will no longer purchase Mattel products for my children or for my practice.

Thank you for your time and attention,

Janet Kennedy
Chicago, IL

I suppose that I will have to print and send snail mail. If anyone else is having similar problems let me know!

[mmmummy]

One annoyed mama to a special needs little guy over here -
count me in, we are joining in this boycott!!

[Christine&men]

Thanks for putting up all the email addresses, they all got an email...

[Neth Naneth]

Thanks for posting this.

[Christine&men]

Got a reply from Mattel:

Thank you for your recent email to Mattel. We appreciate your taking time to write to us about your concerns. We'd like to provide you with some additional information to clear up any confusion and misimpressions you may have about the lawsuit that Super Duper filed in South Carolina against Mattel.

1. This case arose when Super Duper tried to register trademarks in the toy category which are very similar to Mattel's famous SEE 'N SAY and THE FARMER SAYS trademarks.
2. Mattel has used these trademarks for more than 40 years and they are registered in the United States Patent and Trademark Office.
3. Mattel did NOT sue Super Duper. Super Duper filed suit against Mattel in South Carolina and requested a jury trial to decide the issue. Under the circumstances, Mattel had no choice but to protect its famous trademarks at trial.
4. Mattel did not claim the exclusive right to use or to register the word "say" at any time. In fact, Mattel did not challenge every name that Super Duper uses which includes the work "say".
5. During the course of this dispute, Mattel presented several reasonable options to resolve this case outside of the courtroom so that both companies could continue in the normal course of business without an expensive trial. Mattel's goal was to find resolution through procedures that the U.S. Patent and Trademark Office has in place to address such conflicts around trademark registration. Super Duper rejected all these options.
6. The jury in South Carolina found that several of Super Duper's trademarks infringed Mattel's trademarks and that Super Duper had intentionally diluted Mattel's famous trademarks. The jury's verdict protects Mattel's long-held rights in its famous See'n Say trademark and does not threaten Super Duper's business in any way. The Super Duper trademarks at issue represent less than 8% of Super Duper's sales, and the $400,000 jury verdict represents less than 2% of Super Duper's approximate annual revenues of $25 million.
7. Super Duper can continue to sell the products at issue, as long as it uses trademarks that do not infringe or dilute other company's trademarks.

Mattel takes its commitment to integrity and fairness in the marketplace very seriously and works hard to protect its business and intellectual property rights, such as trademarks. Mattel made every effort to settle this issue on terms that would have been beneficial to both companies. Instead, Super Duper chose to seek a jury trial in South Carolina and is now objecting to the verdict reached by a jury of citizens which was selected from its very own community.

While Mattel is pleased that the jury recognized the facts of this case, we want to again emphasize that Mattel neither wanted nor sought a trial on this matter. Super Duper can continue to sell these products, the judgement requires that they select other names.

Thanks you again for your letter to us. We hope that this communication has provided some clarity.

Sincerely,
Mattel Consumer Relations

[ShaggyDaddy]

Wow, that is the least evasive, most direct response I have ever seen from a company regarding a legal matter.

Not saying anything about Super Duper specifically, because I am not familiar with them (browsed their price list though) But there is a special place in hell for the many many special needs profiteers out there.

[tboroson]

If I'm not mistaken, an entity holding a trademark is legally required to aggressively protect it; they may, in fact, have been advised that if they didn't, they could lose their trademark.

[ilovegardening]

Originally Posted by Debbieslp

...I wrote this one and forwarded it to about 90 parents and teachers/therapists in my email list when I first heard of this lawsuit:

Just curious, did you receive a response from Mattel similar to the one that another member posted here? Are you going to post the reply you received? Did you forward the reply you received to the above mentioned 90 parents and teachers/therapists in your e-mail list?

If anyone is interested in an unbiased media story on this topic, here is a link to a story in the Greenville, SC newspaper. Remember, there are always two sides to every story, we all could use a lesson in learning to think for ourselves.
http://www.greenvilleonline.com/apps...-1/YOURUPSTATE

[aja-belly]

Originally Posted by ilovegardening

Just curious, did you receive a response from Mattel similar to the one that another member posted here? Are you going to post the reply you received? Did you forward the reply you received to the above mentioned 90 parents and teachers/therapists in your e-mail list?

If anyone is interested in an unbiased media story on this topic, here is a link to a story in the Greenville, SC newspaper. Remember, there are always two sides to every story, we all could use a lesson in learning to think for ourselves.
http://www.greenvilleonline.com/apps...-1/YOURUPSTATE

i'm really turned off by the number of one-posters on this thread. not helping your cause any dudes....

[Sugermama]

Mattel's reply is very interesting and I would like to know much more about this story before I boycott anything.

[MilkTrance]

Originally Posted by aja-belly

i'm really turned off by the number of one-posters on this thread. not helping your cause any dudes....

I SAY, it is very "interesting", isn't it?