These posts are few and far between...but grad school is a pretty good explanation for that!
This semester is almost over. 31 days until my last final is due. I can't believe it. This semester has been great, my two practicum placements have been interesting and fun. First I did a month at a middle school and high school. It was mostly language intervention, some articulation, and a little fluency. I learned a lot, mostly that I actually enjoy that population.
Since then, I've been at a continuing care retirement community. This facility has independent living, two levels of assisted living, permanent and temporary health care, and a memory care unit. I L O V E it. I wasn't sure how I'd feel about this population, but I adore it. The therapy and evaluations are interesting and fun, while still challenging. We address swallowing problems, cognitive and memory decline, and voice problems.
My favorite part is getting to know the residents...all of them, not just our patients. My supervisor is an employee of Genesis Rehab and I'm really impressed with their company.
I've been working on a research paper in addition to my classes this semester. I've submitted it to two conferences, but I haven't heard back yet...
It's an evidence review on Cued Speech. I have learned a lot doing it. I have a love/hate relationship with research. I learn so much doing it, but sometimes its too frustrating. I have also learned that I would prefer to have research partners to brainstorm ideas and confirm thoughts, etc.
I'm running again! Slowly increasing my mileage and speed, but my hip is feeling great. I'm still doing PT exercises about twice a week. Holmes and I registered for a 5K in Charlotte, NC in December. He's been running three times a week as well. We also try to play tennis a couple times a week. Some weeks that's the only quality time he and I spend together...we've been trying to work in a date night at least once a week, just him and me, but sometimes that doesn't work out. I am grateful for my grad school opportunity, but holy smokes, I'm tired of it interfering with my ability to just be a wife. Fortunately, he is incredibly supportive and understanding.
Holidays are coming up and I can't wait. We are doing a little pre-Thanksgiving weekend in Pinehurst with the Holmes, then Thanksgiving in Atlanta with Alan's family (its been way too long since we've spent any time with them). Christmas will be out in Cali this year. It's a lot of travel, but we are used to that. Hopefully I won't be taking Physics online over the break...I'm working on finding an online course for the Spring.
Last big update: Early to mid January, I'll be moving back to my Mom's! I have been given an amazing opportunity to do my spring practicum in Winston-Salem at Wake Forest's Baptist Medical Center. I'll be in the Acute Care department, but will have opportunity to do some observations in the NICU there as well. Mike will be staying in Midlothian and we will be working out some sort of plan to see each other on weekends. It's only three and a half months...and, again, he is so supportive. There just isn't a comparable setting in Virginia for me to do a placement like this...I can't wait to get started!
Tuesday, November 9, 2010
Sunday, August 22, 2010
100th Post
That's fun...thanks google dashboard, for giving a count of my posts.
Anywho...hopefully, you'll all be glad to hear that getting back in the habit of not being lazy was actually quite easy. I guess I'm fairly simple minded---dangle a carrot, I hop after it...
Carrots: One syllabus of two was posted earlier in the week and I met with one of my clinical supervisors to discuss my client load for the month of September (middle and high schoolers - AU, ID, HI, SLI, and LD).
Me hopping: planning lesson plans, creating goal pages, reading chapters, printing articles, and organizing notebooks. that also included getting up early to work out this morning before church. good bunny.
and once again our dining room table looks like this...

YESSSSSSSSSSSSSSSSSSSSSSSSSSSS.
Friday afternoon, our department arranged a resume/interview tips seminar with Longwood's career center. It was kind of interesting...I was psyched to see that it is acceptable to put GPAs on a resume. I also learned that HR hates ring back tones. Seriously, the lady leading our seminar said she just hangs up when she's calling people for interviews. Doesn't matter what the song is...at least she doesn't discriminate. So job hunters, nix the ring back tones!
Anywho...hopefully, you'll all be glad to hear that getting back in the habit of not being lazy was actually quite easy. I guess I'm fairly simple minded---dangle a carrot, I hop after it...
Carrots: One syllabus of two was posted earlier in the week and I met with one of my clinical supervisors to discuss my client load for the month of September (middle and high schoolers - AU, ID, HI, SLI, and LD).
Me hopping: planning lesson plans, creating goal pages, reading chapters, printing articles, and organizing notebooks. that also included getting up early to work out this morning before church. good bunny.
and once again our dining room table looks like this...
YESSSSSSSSSSSSSSSSSSSSSSSSSSSS.
Friday afternoon, our department arranged a resume/interview tips seminar with Longwood's career center. It was kind of interesting...I was psyched to see that it is acceptable to put GPAs on a resume. I also learned that HR hates ring back tones. Seriously, the lady leading our seminar said she just hangs up when she's calling people for interviews. Doesn't matter what the song is...at least she doesn't discriminate. So job hunters, nix the ring back tones!
Wednesday, August 18, 2010
Eat Pray Love - SLP nerd-out
I read Eat Pray Love a few months ago. This past weekend, Mom wanted to go see it in the theaters, so we did.
It was slow, by the way, we didn't *love* it, but I know some others that really did enjoy it, if only for the scenery of the countries...
anywho...
I'm a nerd because as soon as Richard from Texas came on the screen and called Liz "groceries" for the first time-I found myself trying to transcribe the word in my head. Then I (over?)analyzed the way he said it and tried to determine (silently in the theater) if I say it the same way...then I started to wonder if I ever say it...
my efforts at transcription
starts with /gro/-that part is easy...i can even type it in IPA
this is the tough part...he has a strong 'sh' in there that leads straight into the /r/ which I think has to be vocalic, but I just don't feel my tongue make any vocalic movement for that /r/. and *WHY* is it an /sh/???
then /Iz/ no biggie.
two syllables? I think definitely when he says it, but if it is a vocalic /r/ then it has to be three syllables? and what about when I say it? I think I say three?
I missed most of the India part of the movie trying to figure all that out-which is ok, that part bored me in the book too.
It was slow, by the way, we didn't *love* it, but I know some others that really did enjoy it, if only for the scenery of the countries...
anywho...
I'm a nerd because as soon as Richard from Texas came on the screen and called Liz "groceries" for the first time-I found myself trying to transcribe the word in my head. Then I (over?)analyzed the way he said it and tried to determine (silently in the theater) if I say it the same way...then I started to wonder if I ever say it...
my efforts at transcription
starts with /gro/-that part is easy...i can even type it in IPA
this is the tough part...he has a strong 'sh' in there that leads straight into the /r/ which I think has to be vocalic, but I just don't feel my tongue make any vocalic movement for that /r/. and *WHY* is it an /sh/???
then /Iz/ no biggie.
two syllables? I think definitely when he says it, but if it is a vocalic /r/ then it has to be three syllables? and what about when I say it? I think I say three?
I missed most of the India part of the movie trying to figure all that out-which is ok, that part bored me in the book too.
A little bit of nothing
Grad school has taught me something really interesting about myself-I'm a lazy bum.
Usually, I'm really driven. I mean, up at 6am or earlier to run/work/school/read/clean/cook ALL day-EVERY day. It is typically really unusual for me to just *sit* and do nothing. Even if I'm watching tv, I have to have a magazine or a book or laptop and gchat in front of me. I work well under deadlines, usually finishing things well ahead of time.
without a deadline or defined schedule (read: grad school breaks), I become a big lump. I sleep in, sometimes exercise, sit on the couch, and work hard to convince myself to get up to empty the dishwasher or go to the grocery store or do anything to prepare myself for this school semester. By some small faux-miracle, I have been able to get a lot done around the house....I just think all of it would have been done sooner if I had more deadlines.
So what have I done? Cleaned several times, cooked for my husband on a kind of regular basis, organized all my school stuff in the office, watched several movies, visited family and friends ALL over (I feel like most of this break was spent driving...). Major high-point : I've started running again!
I've had several dreams about running pain-free. Last week, while visiting family in Greensboro, I headed out on the greenway. Nice flat, asphalt/concrete path. I intended to walk two or three miles. For some reason, I just decided to try and run a little. And it worked...sort of. I was dragging my right foot a smidge and REALLY pushing off with my left leg. But I made it a mile...and then another mile! (with a mile walk in between). The second mile was a little less Igor from Young Frankenstein-ish. The next day, my entire left thigh was aching from the extra effort...
Two days later, I tried again...another mile down, less foot dragging. Walked a mile, then ran another...three days later I ran two miles straight...with almost correct gait! I fully intend to get out there and run two this morning...as soon as the red smudge on this passes

It's already about 90, even in the storm, but I love running in the rain.
Last week, I ran across a quote I've heard many times before-forgive me for not looking up the origin...and for probably not quoting it exactly
There will be a day when I can no longer do this. Today is not that day.
Well, if that doesn't make you get up off your duff...then I guess you aren't me...
I'm trying to remember it a little more as I ease back into training (two miles, three times a week, look out, I'm on fire). It is easy for me to get discouraged by that...last year I was running at least 22 miles a week, consistently and doing speedwork on the track...I miss being able to just go out and do that!
Ok, so that was a lot of nothing...oh well! School starts next week...
Aural Rehab and Voice every Monday...clinic is therapy with middle and high schoolers in a rural county for a month, then a long term care facility. I also have three Saturdays for AAC and Cranio-facial Anomalies. Then classes are done, spring is all practicum!
Usually, I'm really driven. I mean, up at 6am or earlier to run/work/school/read/clean/cook ALL day-EVERY day. It is typically really unusual for me to just *sit* and do nothing. Even if I'm watching tv, I have to have a magazine or a book or laptop and gchat in front of me. I work well under deadlines, usually finishing things well ahead of time.
However...
without a deadline or defined schedule (read: grad school breaks), I become a big lump. I sleep in, sometimes exercise, sit on the couch, and work hard to convince myself to get up to empty the dishwasher or go to the grocery store or do anything to prepare myself for this school semester. By some small faux-miracle, I have been able to get a lot done around the house....I just think all of it would have been done sooner if I had more deadlines.
So what have I done? Cleaned several times, cooked for my husband on a kind of regular basis, organized all my school stuff in the office, watched several movies, visited family and friends ALL over (I feel like most of this break was spent driving...). Major high-point : I've started running again!
I've had several dreams about running pain-free. Last week, while visiting family in Greensboro, I headed out on the greenway. Nice flat, asphalt/concrete path. I intended to walk two or three miles. For some reason, I just decided to try and run a little. And it worked...sort of. I was dragging my right foot a smidge and REALLY pushing off with my left leg. But I made it a mile...and then another mile! (with a mile walk in between). The second mile was a little less Igor from Young Frankenstein-ish. The next day, my entire left thigh was aching from the extra effort...
Two days later, I tried again...another mile down, less foot dragging. Walked a mile, then ran another...three days later I ran two miles straight...with almost correct gait! I fully intend to get out there and run two this morning...as soon as the red smudge on this passes

It's already about 90, even in the storm, but I love running in the rain.
Last week, I ran across a quote I've heard many times before-forgive me for not looking up the origin...and for probably not quoting it exactly
There will be a day when I can no longer do this. Today is not that day.
Well, if that doesn't make you get up off your duff...then I guess you aren't me...
I'm trying to remember it a little more as I ease back into training (two miles, three times a week, look out, I'm on fire). It is easy for me to get discouraged by that...last year I was running at least 22 miles a week, consistently and doing speedwork on the track...I miss being able to just go out and do that!
My clothes miss it too...not smart to pair an intense love for craft beer with a lack of exercise
Ok, so that was a lot of nothing...oh well! School starts next week...
Aural Rehab and Voice every Monday...clinic is therapy with middle and high schoolers in a rural county for a month, then a long term care facility. I also have three Saturdays for AAC and Cranio-facial Anomalies. Then classes are done, spring is all practicum!
Tuesday, July 13, 2010
Update
Yesterday, I turned in my last assignment for my summer grad school courses...that might translate into blogging on a more regular basis...we'll see!
This summer I took TBI/Dementia, Research Design, Ethics, and Fluency Disorders.
The summer schedule was rough...several four hours classes, some back to back a couple days a week. But as usual, the course material was interesting, so it really wasn't so bad.
I've started my summer clinical practicum with a local private practice owner. She sees a wide variety of clients in two offices (Richmond and Charlottesville) as well as contracts with a local school district for ESY services. I'm really enjoying it. I'm getting to do a little bit of auditory oral therapy (which makes me feel useful again, because I know what I'm doing there) and a lot of articulation therapy (which makes me feel like I'm learning, because that is new territory for me). I'll also see some clients who stutter and a client who has had multiple tongue surgeries. I have two more weeks of clinic at this placement.
Michael and I celebrated our first wedding anniversary two weeks ago. (mushy alert). I love him more every day. I'm so grateful for him and everything he does for me. He spoiled me the whole weekend...we went to George Clinton down at Brown's Island, spent some time with friends and tasted beers from Virginia breweries at the Capital Ale House beer fest, he got me the new iPhone (coming next week!), and even had sushi on Independence Day (it was too hot to cook out!!). We also opened a bottle of champagne from one of our wedding showers and my sweet grandmother saved some of our wedding cupcakes!
I love every minute I spend with him, and we spend a lot of minutes together! I love my friends and family deeply, but I would truly rather be with Michael doing absolutely anything than be anywhere else.
As usual, we've been traveling a ton. And wedding season is still in full swing. I had to miss Whitey's wedding in Michigan back in June because I had a weekend class (bummer) but last weekend, we went to Smith Mountain Lake for Liz and Josh's wedding. It was really fun to see some old UNCG friends and some family.


Next weekend, we are headed down to Charlotte for Lane and Heather's wedding! Crotts is coming in from Texas, Whitey is coming in from Michigan and I'm looking forward to seeing so many old Charlotte friends!
Ohhh, running update. About 7 or 8 weeks ago, I started having some pain in my hip. I figured I was just scrunching up my ITBand from all the sitting (remember, four hours classes on top of hour long commutes) and less running. Well, it just go worse and worse, so I tried just yoga, no running, kept getting worse, so for four weeks, I did not workout. It drove me nuts, but I figured it was important. After four weeks, I tried to go out for an easy run. It still hurt, so I started seeing a PT. She thinks my pelvis has been rotating forward so I'm learning lots of exercises and I've started a walking regimen to build back up to running. I'll be walking for three weeks, then I start running at a slow pace, only about 8 miles a week. After ten weeks, I should be close to my old mileage. We plan to start training again after that for a winter half marathon. We'd like to do the Rehoboth Beach Half on December 11th, but it is $25 more than the Thunder Road Half in Charlotte...so it's kind of a tough decision.
Hope everyone else is doing well...look for more posts soon!
This summer I took TBI/Dementia, Research Design, Ethics, and Fluency Disorders.
The summer schedule was rough...several four hours classes, some back to back a couple days a week. But as usual, the course material was interesting, so it really wasn't so bad.
I've started my summer clinical practicum with a local private practice owner. She sees a wide variety of clients in two offices (Richmond and Charlottesville) as well as contracts with a local school district for ESY services. I'm really enjoying it. I'm getting to do a little bit of auditory oral therapy (which makes me feel useful again, because I know what I'm doing there) and a lot of articulation therapy (which makes me feel like I'm learning, because that is new territory for me). I'll also see some clients who stutter and a client who has had multiple tongue surgeries. I have two more weeks of clinic at this placement.
Michael and I celebrated our first wedding anniversary two weeks ago. (mushy alert). I love him more every day. I'm so grateful for him and everything he does for me. He spoiled me the whole weekend...we went to George Clinton down at Brown's Island, spent some time with friends and tasted beers from Virginia breweries at the Capital Ale House beer fest, he got me the new iPhone (coming next week!), and even had sushi on Independence Day (it was too hot to cook out!!). We also opened a bottle of champagne from one of our wedding showers and my sweet grandmother saved some of our wedding cupcakes!

I love every minute I spend with him, and we spend a lot of minutes together! I love my friends and family deeply, but I would truly rather be with Michael doing absolutely anything than be anywhere else.
As usual, we've been traveling a ton. And wedding season is still in full swing. I had to miss Whitey's wedding in Michigan back in June because I had a weekend class (bummer) but last weekend, we went to Smith Mountain Lake for Liz and Josh's wedding. It was really fun to see some old UNCG friends and some family.



Next weekend, we are headed down to Charlotte for Lane and Heather's wedding! Crotts is coming in from Texas, Whitey is coming in from Michigan and I'm looking forward to seeing so many old Charlotte friends!
Ohhh, running update. About 7 or 8 weeks ago, I started having some pain in my hip. I figured I was just scrunching up my ITBand from all the sitting (remember, four hours classes on top of hour long commutes) and less running. Well, it just go worse and worse, so I tried just yoga, no running, kept getting worse, so for four weeks, I did not workout. It drove me nuts, but I figured it was important. After four weeks, I tried to go out for an easy run. It still hurt, so I started seeing a PT. She thinks my pelvis has been rotating forward so I'm learning lots of exercises and I've started a walking regimen to build back up to running. I'll be walking for three weeks, then I start running at a slow pace, only about 8 miles a week. After ten weeks, I should be close to my old mileage. We plan to start training again after that for a winter half marathon. We'd like to do the Rehoboth Beach Half on December 11th, but it is $25 more than the Thunder Road Half in Charlotte...so it's kind of a tough decision.
Hope everyone else is doing well...look for more posts soon!
Thursday, July 8, 2010
SERIOUSLY, Mattel?
Received from one of my grad school professors in an email...didn't have time to search for an official press release...
Fourth Circuit Judges Let Mattel Take ''SAY'' Away
from Special Needs Company Super Duper Publications
Give Mattel $3.6 Million in Damages Too
Greenville, South Carolina (MMD Newswire) July 5, 2010 -- In a decision that turns trademark law on its head, Fourth Circuit Court of Appeals Judges Dennis Shedd, G. Stephen Agee, and Clyde Hamilton, have upheld a trial court verdict ordering special needs educational company Super Duper Publications www.superduperinc.com to pay $3.6 million to Mattel Toy Company (of which $2.6 million is attorney's fees) and to stop using the word SAY in seven of its product titles.
According to these judges (and trial court Judge Henry Floyd), the use of the word SAY by Super Duper in titles of speech and language therapy materials it makes for children with autism and other communication disorders, infringes on the trademark of a Mattel toy called SEE 'N SAY and dilutes this Mattel trademark. http://pacer.ca4.uscourts.gov/opinion.pdf/091397.U.pdf
The court reached this conclusion even though there was no evidence at trial that for more than 17 years of Super Duper's existence anyone had ever been confused between a Super Duper SAY educational product and the Mattel toy.
The court reached this conclusion even though there was no evidence that people think that the Mattel toy named SEE 'N SAY is "famous" similar to the names BARBIE or KODAK.
The court reached this conclusion even though there was no evidence that anyone ever thought of the Mattel toy when they heard the names of Super Duper's SAY educational materials like FISH AND SAY, SORT AND SAY, or SEE IT SAY IT.
Significantly, instead of issuing a published opinion in which they would have had to analyze the evidence according to established trademark law, the three judges chose to issue an "unpublished" opinion, which the court emphasized is "not binding precedent in this circuit." The result was Judges Shedd, Agee, and Hamilton rubber stamped Judge Floyd's trail court decision even though the evidence did not support this incredibly unfair result.
The trial record indicates in 1987 Super Duper began using the word SAY in titles of books, games, card decks, and other materials it created for special needs children. www.superduperinc.com For 17 years Super Duper produced SAY materials and obtained registered trademarks on its SAY products without objection from Mattel or any person and with the approval of the US Patent and Trademark Office.
In 2004, Mattel opposed Super Duper's application to register the name SORT AND SAY on a series of educational magnetic games, claiming consumers were likely to confuse these educational products with Mattel's SEE 'N SAY electronic toy. Mattel later sought to cancel three other registered SAY trademarks owned by Super Duper. The dispute ended up in federal court, where Super Duper sought protection of the court, Mattel sued Super Duper for $10 million of Super Duper's profits, claiming Super Duper had engaged in trademark infringement and trademark dilution.
For those of you who are not familiar with this toy by its name, SEE 'N SAY is an electronic toy that plays a sound when you pull a lever. ("The cow says...moooo.")
Super Duper's highly specialized materials are used by professionals in therapy to help children with autism and other communication disorders improve their speech and language skills. Mattel's toy is used as a plaything by children. The only professionals to testify at trial, two speech pathologists, stated they had used many Super Duper SAY products in therapy and had never confused them with the Mattel toy.
According to the trial testimony of Super Duper owners Thomas and Sharon Webber, "these products completely different, and the chances of anyone ever confusing them are nearly impossible". Mattel sells its toys to the general consumer market through large retail outlets like Wal-Mart and Target, while Super Duper sells its educational materials primarily to speech pathologists and special educators only through its own mail order catalog and website. The two companies never attend the same trade shows, have completely different packaging designs and logos, advertise in entirely different media outlets, and have no overlap in distributing their products.
In its appeal before Judges Shedd, Agee, and Hamilton, Super Duper argued that a proper application of the Fourth Circuit's seven-step trademark infringement analysis would lead the court to conclude that there was no likelihood of confusion between the Super Duper SAY products and the Mattel toy. In their opinion, the judges chose not to apply this seven step analysis, and instead summarily ruled that the "likelihood of confusion" issue was a matter for the jury to decide.
And that is not all.
The court went even further by upholding the jury's finding that Super Duper's use of SAY diluted the Mattel SEE 'N SAY mark. In order to reach this conclusion, the jury had to find that:
(1) the term SEE N' SAY was a "famous" mark on a level similar with marks such as BARBIE and KODAK;
(2) consumers "associate" the Super Duper SAY names with the name of the Mattel toy (even though Mattel did not present ANY evidence of this association at trial.) In other words, the judges upheld the jury finding that when average people hear the name of these seven Super Duper SAY therapy products, like its "FISH AND SAY" game or SEE IT SAY IT flip book, they immediately think of the SEE 'N SAY Mattel toy and believe that Mattel has made FISH AND SAY or SEE IT SAY IT educational materials; and
(3) Mattel was entitled to $1 million in profits that Super Duper had made on these SAY products since 1987, even though Mattel admitted the sale of Super Duper's items did not impact Mattel's sales at all.
Super Duper is appealing this decision.
Media Contact:
Name Nancy Wolfe
Email speakup@speakupforsay.com
Phone 864-243-9000
Fourth Circuit Judges Let Mattel Take ''SAY'' Away
from Special Needs Company Super Duper Publications
Give Mattel $3.6 Million in Damages Too
Greenville, South Carolina (MMD Newswire) July 5, 2010 -- In a decision that turns trademark law on its head, Fourth Circuit Court of Appeals Judges Dennis Shedd, G. Stephen Agee, and Clyde Hamilton, have upheld a trial court verdict ordering special needs educational company Super Duper Publications www.superduperinc.com
According to these judges (and trial court Judge Henry Floyd), the use of the word SAY by Super Duper in titles of speech and language therapy materials it makes for children with autism and other communication disorders, infringes on the trademark of a Mattel toy called SEE 'N SAY and dilutes this Mattel trademark. http://pacer.ca4.uscourts.gov/opinion.pdf/091397.U.pdf
The court reached this conclusion even though there was no evidence at trial that for more than 17 years of Super Duper's existence anyone had ever been confused between a Super Duper SAY educational product and the Mattel toy.
The court reached this conclusion even though there was no evidence that people think that the Mattel toy named SEE 'N SAY is "famous" similar to the names BARBIE or KODAK.
The court reached this conclusion even though there was no evidence that anyone ever thought of the Mattel toy when they heard the names of Super Duper's SAY educational materials like FISH AND SAY, SORT AND SAY, or SEE IT SAY IT.
Significantly, instead of issuing a published opinion in which they would have had to analyze the evidence according to established trademark law, the three judges chose to issue an "unpublished" opinion, which the court emphasized is "not binding precedent in this circuit." The result was Judges Shedd, Agee, and Hamilton rubber stamped Judge Floyd's trail court decision even though the evidence did not support this incredibly unfair result.
The trial record indicates in 1987 Super Duper began using the word SAY in titles of books, games, card decks, and other materials it created for special needs children. www.superduperinc.com
In 2004, Mattel opposed Super Duper's application to register the name SORT AND SAY on a series of educational magnetic games, claiming consumers were likely to confuse these educational products with Mattel's SEE 'N SAY electronic toy. Mattel later sought to cancel three other registered SAY trademarks owned by Super Duper. The dispute ended up in federal court, where Super Duper sought protection of the court, Mattel sued Super Duper for $10 million of Super Duper's profits, claiming Super Duper had engaged in trademark infringement and trademark dilution.
For those of you who are not familiar with this toy by its name, SEE 'N SAY is an electronic toy that plays a sound when you pull a lever. ("The cow says...moooo.")
Super Duper's highly specialized materials are used by professionals in therapy to help children with autism and other communication disorders improve their speech and language skills. Mattel's toy is used as a plaything by children. The only professionals to testify at trial, two speech pathologists, stated they had used many Super Duper SAY products in therapy and had never confused them with the Mattel toy.
According to the trial testimony of Super Duper owners Thomas and Sharon Webber, "these products completely different, and the chances of anyone ever confusing them are nearly impossible". Mattel sells its toys to the general consumer market through large retail outlets like Wal-Mart and Target, while Super Duper sells its educational materials primarily to speech pathologists and special educators only through its own mail order catalog and website. The two companies never attend the same trade shows, have completely different packaging designs and logos, advertise in entirely different media outlets, and have no overlap in distributing their products.
In its appeal before Judges Shedd, Agee, and Hamilton, Super Duper argued that a proper application of the Fourth Circuit's seven-step trademark infringement analysis would lead the court to conclude that there was no likelihood of confusion between the Super Duper SAY products and the Mattel toy. In their opinion, the judges chose not to apply this seven step analysis, and instead summarily ruled that the "likelihood of confusion" issue was a matter for the jury to decide.
And that is not all.
The court went even further by upholding the jury's finding that Super Duper's use of SAY diluted the Mattel SEE 'N SAY mark. In order to reach this conclusion, the jury had to find that:
(1) the term SEE N' SAY was a "famous" mark on a level similar with marks such as BARBIE and KODAK;
(2) consumers "associate" the Super Duper SAY names with the name of the Mattel toy (even though Mattel did not present ANY evidence of this association at trial.) In other words, the judges upheld the jury finding that when average people hear the name of these seven Super Duper SAY therapy products, like its "FISH AND SAY" game or SEE IT SAY IT flip book, they immediately think of the SEE 'N SAY Mattel toy and believe that Mattel has made FISH AND SAY or SEE IT SAY IT educational materials; and
(3) Mattel was entitled to $1 million in profits that Super Duper had made on these SAY products since 1987, even though Mattel admitted the sale of Super Duper's items did not impact Mattel's sales at all.
Super Duper is appealing this decision.
Media Contact:
Name Nancy Wolfe
Email speakup@speakupforsay.com
Phone 864-243-9000
Saturday, April 24, 2010
For Longwood Girls
I think I neglected to really understand what ended Thursday night.
Last August, we were thrown in a room at the Greenwood library and talked "at" for two straight days. I was excited to start school, but my husband was at home recovering from surgery and on those two days, I did NOT want to be on campus. Holmes recovered well and in record time and before I knew it, I was crammed in that grad workroom with the 16ish of you 12 hours a day (usually seemed like that long anyways).
Three to five days a week, we have spent at least an hour together...learning, being frustrated, laughing, asking questions, crying, and eating. Mostly eating.
That part of grad school is over! This summer we will all be in different places at different times...even when classes start again, not all of us will take them together. Next fall, it just won't be the same.
So, I'm about to get a little mushy. I love you girls! I feel so blessed to be thrown into a situation like ours and actually LIKE all of you! That can be pretty difficult when 16 women are crammed together. I truly consider each of you a friend.
As much as the commute to Farmville annoys me, I enjoy every second of being there and about half of that is because of you girls!
Ok, that's enough! Have a great weekend, study, but balance it with play!!!
Oh, and don't forget to get your tickets to the beer festival on June 12th. And I think we are going to try and have a cookout Memorial Day weekend-yall are invited!
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