A preliminary hearing has been set for January 17, 2002, in Akron, Ohio, to hear arguments in the patent infringement lawsuit filed earlier this fall by Playhouse Publishing. The Akron-based Playhouse, which markets children's books under the Picture Me and Nibble Me imprints, has sued several companies, claiming it owns the rights to publish die-cut books that are meant to be read while playing with candy or snacks. Named in the suit are publishers Charlesbridge, Simon & Schuster and HarperCollins, as well as corporate licensors General Mills, Kellogg's, Pepperidge Farm and M&M/Mars.
All the publishers have released licensed children's book titles tied to the licensors' snack and candy brands, a significant trend in licensed children's books over the last few years. Examples include Charlesbridge's The M&M's Brand Counting Book, published in 1994; Simon & Schuster's The Cheerios Play Book (1998); and HarperCollins's The Pepperidge Farm Goldfish Fun Book (1999). All are designed so children can place snack items on the page as they read; only those titles that incorporate die-cut slots on the pages are involved in the suit. In Charlesbridge's case, for instance, that means the original M&M's counting title is not included, but several holiday-themed die-cut versions are.
The suit revolves around U.S. patent 5,573,438 for "books including candy as a part of the pages," granted to Playhouse head Deborah D'Andrea in November 1996, as well as a reissued version (RE37,362), issued September 11, 2001, which revises the description to read "books including edible articles such as candy as a part of the pages."
