Mattel trademark challenge fails

WASHINGTON - The Supreme Court won't hear an appeal from a South Carolina children's literature publisher of a court decision ordering it to pay $3.6 million to Mattel Inc. in a trademark case.

The high court on Tuesday refused to hear an appeal from Super Duper Publications. A federal judge ordered the company to pay toymaker Mattel of El Segundo, Calif., about $1 million in damages and $2.6 million in attorney fees. The Greenville-based publisher must also destroy some merchandise.

The toymaker claims the company used its catch phrase "say" in some products, like "See It! Say!" and "Fish and Say." The company has held a trademark on the phrase for 40 years, beginning with its "See 'n Say" pull toys.