David Hakensen
Pearson Education
(952) 681-3040
Adam Gaber
Thomson Learning
(203) 539-8663
Susan Spilka
John Wiley & Sons, Inc.
(201) 748-6147
Pearson Education, Wiley, Thomson Learning Settle Trademark Copyright Suit Against Pelican
New York, NY, August 16, 2004 —
Pearson Education, Inc., John Wiley & Sons, Inc., and Thomson Learning today announced they have settled their pending trademark and copyright infringement lawsuit against Pelican Bookshop, Inc. a Florida-based business that has been engaged in the illegal importing, promoting and selling of the foreign editions of a variety of educational books published by the three companies and not intended for sale in the United States. This is one of a number of legal actions recently taken against online resellers who illegally import the companies' foreign editions of a variety of educational books, not intended for sale in the United States, and attempt to resell the books to unsuspecting customers in the United States.
The publishers' complaint, filed in the U.S. District Court for the Southern District of New York in May, alleged that Pelican infringed the publishers' trademarks and copyrights in the books by illegally importing the publishers' lower-quality foreign versions of their U.S. books and reselling the foreign books in the U.S. through the Pelican Web site and other commercial websites at prices far below the U.S. editions available from legitimate resellers. Pelican also displayed the U.S. editions of the books on the websites, thereby misleading purchasers into thinking they would receive the U.S. editions. The disappointed customers often complained to the publishers about the books they did receive. Among the differences that distinguish the publishers' lower-priced foreign versions from their U.S. editions are the absence of electronic support materials in the form of CD ROMs or internet materials accessible via passwords that accompany the U.S. editions, and the use of lower-quality paper; paper bindings instead of cloth covers, and one-color printing, rather than the four-color process that gives depth and meaning to the illustrations, photos, charts, and text. The higher production values are considered standard in the U.S., and customers here expect this level of quality in the publications they purchase.
In settlement of the case, the defendants agreed to cease and desist from all importation, promotion and sales in the U.S. of non-U.S. versions of John Wiley & Sons, Pearson Education and Thomson Learning books; from infringing plaintiffs' trademarks; from falsely designating the origin, sponsorship or affiliation of their business, goods or services; from infringing plaintiffs' copyright rights in plaintiffs' works; from unfairly competing with the plaintiffs; and, from engaging in deceptive trade practices. The defendants also agreed to pay the plaintiffs an undisclosed settlement amount.
This lawsuit illustrates publishers' commitment to protect the interests of student customers, authors, and publishers. Pelican's actions deprive student customers of the high-quality products they believe they are purchasing; and authors and publishers of legitimate compensation for their efforts and their intellectual property.
About Pearson Education
Educating 100 million people worldwide, Pearson Education is the global leader in educational publishing.
With brands such as Pearson Prentice Hall, Pearson Longman, Pearson Addison Wesley, and many others,
Pearson Education provides quality content, assessment tools and educational services in all available
media, spanning the learning curve from birth through college and beyond. Pearson Education is part
of Pearson (NYSE: PSO), the international media company. Pearson's primary operations also include
the Financial Times Group and the Penguin Group.
About John Wiley & Sons, Inc.
Founded in 1807, John Wiley & Sons, Inc., provides must-have content and services to customers
worldwide. Its core businesses include scientific, technical, and medical journals; encyclopedias,
books, and online products and services; professional and consumer books and subscription services;
and educational materials for undergraduate, graduate and lifelong learners. Wiley has publishing,
marketing, and distribution centers in the United States, Canada, Europe, Asia, and Australia.
The company is listed on the New York Stock Exchange under the symbols JWa and JWb. Wiley's
internet site can be accessed at http://www.wiley.com.
About Thomson Learning
Thomson Learning is a part of The Thomson Corporation (www.thomson.com),
a global leader in providing integrated information solutions to business and professional customers. The
Corporation's common shares are listed on the New York and Toronto stock exchanges (NYSE: TOC; TSX: TOC).
With operational headquarters in Stamford, Conn., Thomson Learning's businesses and brands serve the needs of
individuals, learning institutions, corporations and government agencies with products and services
for both traditional and distributed learning.
