Re: PLEASE BOYCOTT MATTEL/Don't boycott until you read this too

[Guest guest]

,

I just approved this message and coming from the toy industry of course was very

interested to see what was wrong with Mattel products today as I knew about the

recall from 2007. Also Mattel as you probably are aware is not just Mattel as

represent so many sections of the toy store. In doing just a quick search the

link you posted has nothing at all to do with lead based paint unless again you

are talking about Mattel's recall from 2007?? Three years ago?

Word of good advice to all with new internet laws. You should be very careful

what you write on the internet because if Mattel is quick enough to sue a

special needs products company over the use of the word " Say " because Super

Duper has toys they call " Sort and Say, " " Say and Sing, " " Fish and Say, " which

to be honest in my opinion dealing with patent and trademark issues -sure that

is pretty close to See and Say...you accusing this mega monster toy company

who's brands include the baby line Fisher Price, as well as Barbie, Tyco,

Matchbox etc. of 'still' having lead in their paint...well yes you too could be

looking at being slapped with a lawsuit. Do you know if they still have lead

based paint in their toys? Yes if you have a toy from 2007 they are still

recalling them http://service.mattel.com/us/recall/39054_IVR.asp?prod= but I

again found nothing other than this one recall from 2007.

Being that I am the list owner here I am once again going to request that if

anyone is going to attack a company or product or individual -or post a medical

opinion and state it as a fact... to PLEASE post credible information to back it

up- especially if you are calling for a boycott.

You shared one side of the none of our business trademark dispute between Mattel

and Super Duper. Listen I don't know the whole story to say who's right or

wrong -but go ahead and try to open up a " Books R Us " store...become big and see

if you don't get slapped with the same type of suit from Toys R Us. From what I

can tell Mattel didn't rush in to a suit but tried to get Super Duper to change

the names that sounded the same -it was not just about the word " say " it was

using the word say in a trademark that sounded to similar to See and Say. The

patent office from what I know does not come to conclusions based on who has

more money or people that have no money wouldn't be able to sue and win over

huge companies for patent or trademark infringement and win which happens

frequently. You have to ask yourself- to the average person would the name

sound familiar. Like selling a pocket book on a street corner and calling it a

" Coache " bag with a similar logo you are not allowed to do that either.

Here is the 2007 recall article

http://www.nytimes.com/2007/08/02/business/02toy.html

If lead is your concern it's still found in some foods

http://extoxnet.orst.edu/faqs/foodcon/lead.htm and in many other objects -here's

just one blog

http://lead-freetipoftheweek.blogspot.com/ As far as food goes if there is lead

in the soil it will be in every aspect of the vegetation -this is why you should

only use foods when possible where they are tested free of any heavy metals

(herbicides and pesticides too if possible) We can do an entire book on water

and air toxins to try to avoid too...but again does Mattel 'still' have lead in

their toys? Not that I found but again if I'm wrong please do share that.

Again the link you posted has nothing to do with lead. From what I read it

sounds like the company Super Duper had THREE years to change their names and

they refused and got sued -maybe that's not the case but again I don't know the

entire story other than what I found online which again has nothing to do with

lead in the toys from what I found. As far as I'm concerned unless I found out

something different I'd still buy Mattel toys and once again please for you and

all here don't post things without reference unless you add " in my opinion " or

you yourself want to be slapped with a libel lawsuit from the company or

individual you are attacking...and requesting all here to " boycott " . With the

new internet laws- it's happening.

I have no desire to get into the middle of two companies fighting over trademark

rights and from what I can tell the case it pretty much wrapped up.

Here's the (very recent which is important in sharing information) article on

the lawsuit and read who the attorney is for Mattel -and what the jury believes.

As the attorney is quoted below "

Holleman said this case was about business, and said his track record of helping

special-needs children and education efforts in South Carolina and across the

nation speaks for itself "

Mattel wins judgment over Super Duper

By

JULY 18, 2010 3:45 p.m. Comments (0)

Children's education company Super Duper has lost the latest – and perhaps final

– round in a multimillion-dollar legal dispute with toy giant Mattel over

trademark infringement.

The Greenville publisher of educational materials for special-needs children

sued in 2005 after Mattel got the U.S. Patent and Trademark Office to revoke

trademarks on several Super Duper's products, some dating back more than 20

years, using the words " SAY " and " AND SAY. "

The company makes flash cards, books and other speech and language therapy

materials primarily aimed at children with autism and other communication

disorders. Sharon Webber started her career as a speech pathologist, and

launched the company out of her home 24 years ago.

Mattel has for 50 years marketed the " See 'n Say " toy that its lawyers said was

too close in name to several Super Duper materials ( " Sort and Say, " " Say and

Sing, " " Fish and Say, " and " See It! Say It! " among others). The See 'n Say, in

various manifestations, has a number of pictures arranged around a plastic

circle; kids can point an arrow to one of the pictures and pull a lever to hear

barn noises, numbers, letters of the alphabet, etc.

" I don't think anybody associates, when they hear the name of one of our `SAY'

products, they think of this Mattel product, which they say is famous, " Super

Duper CEO Webber said. " The product is famous, but its name is not. That

was our case, plain and simple. "

The toymaker, whose profits last year exceeded $500 million, won a 2008 jury

trial over this question and has won every ruling and appeal since.

Super Duper's appeals to the Fourth Circuit Federal Court ran out last week, and

its only recourse now would be to go to the U.S. Supreme Court, something Webber

said he is willing to do.

Super Duper faces paying Mattel $3.6 million in damages and legal fees.

Mattel, a California-based corporation, was represented in South Carolina

federal court by Holleman, a Greenville attorney with the Wyche firm who

specializes in intellectual property and litigation, among other things.

Holleman is also the 2010 Democratic nominee for South Carolina Superintendent

of Education.

Wolfe, a friend and spokeswoman for the Super Duper founders, said she

couldn't understand why Holleman would agree to represent Mattel.

" How could you run to be top dog in the state's education system and have any

part in this? " Wolfe said.

Holleman said this case was about business, and said his track record of helping

special-needs children and education efforts in South Carolina and across the

nation speaks for itself.

Holleman was U.S. Deputy Secretary of Education under Bill Clinton, helped

create First Steps under Gov. Jim Hodges and has chaired boards for Success by

Six and Greenville's Alliance for Quality Education.

In the end, jurors didn't agree the Webbers' company went by the letter of the

law, Holleman said.

" It's not going to end our business, " Webber said. " It's simply a case that we

disagree with the result. And we disagree with how trademark law has been

applied in this case. "

http://www.journalwatchdog.com/business/692-mattel-wins-judgment-over-super-dupe\

r

Again as the list owner I do not support this email and unless I hear otherwise

have taken a firm stand AGAINST this suggested boycott.

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[Guest guest]

Whoops correction on some of what I just wrote.

" Mattel has for 50 years marketed the " See 'n Say " toy that its lawyers said was

too close in name to several Super Duper materials "

" > The Greenville publisher of educational materials for special-needs children

sued in 2005 after Mattel got the U.S. Patent and Trademark Office to revoke

trademarks on several Super Duper's products, some dating back more than 20

years, using the words " SAY " and " AND SAY. "

So does this mean it wasn't even that Mattel sued Super Duper but 5 years ago

Super Duper sued Mattel instead of working out with Mattel name changes on their

products that sounded too similar to See and Say like Sort and Say and Fish and

Say?

Anyway -just wanted to clarify.

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