Fross Zelnick lawyers obtained a significant recovery in a copyright and trademark infringement action in federal court on behalf of educational publisher Super Duper. (Super Duper, Inc. v. PresenceLearning, Inc., 1:20-cv-10783)
On April 25, 2022, the U.S. District Court for the Southern District of New York ordered PresenceLearning, a nationwide online teletherapy company, to pay Super Duper $3.25 million in damages, attorneys’ fees in an amount to be determined, and to remove hundreds of Super Duper’s copyrighted works from its platform.
Super Duper CEO Thomas Webber said the “judgment is a victory for protecting one’s intellectual property against unauthorized infringement by others,” adding that he and Super Duper President Sharon Webber “want to personally thank James Weinberger and Nicole Lieberman of the Fross Zelnick Lehrman & Zissu law firm for their excellent representation in this matter.”
Super Duper claimed that PresenceLearning had, over the past decade, without permission, allowed educators to upload, access and share in its digital library over 350 Super Duper copyrighted works. It also accused PresenceLearning of trademark infringement and unfair competition through its use of Super Duper materials and trademarks in numerous marketing and advertising promotions to create the false impression that Super Duper had sponsored and approved of PresenceLearning’s services.
Super Duper is a premier publisher of learning materials for children in PreK-Grade 5 and those with special needs.
Read the press release from Super Duper Publications here.