Educational Publishers Obtain Preliminary Injunction Against 231 Websites Illegally Selling Test Answers and Solution Manuals
November 19, 2020: The Educational Publishers Enforcement Group (EPEG) publishers, consisting of Pearson, Cengage, Elsevier, Macmillan Learning, and McGraw-Hill, have obtained a Preliminary Injunction from the United States District Court for the Southern District of New York against the operators of 231 websites that sell illegal, unlicensed copies of test banks and instructor solutions manuals. These materials are for teaching professionals’ use and are not sold to students or made publicly available by EPEG publishers. The unauthorized sale of these materials not only violates the publishers’ intellectual property rights, but undermines academic integrity and pedagogy. The publishers have taken action to address this issue and reduce the availability of these infringing materials online.
Educational Publishers Obtain Preliminary Injunction Against 63 Illegal eBook Websites that Use Online Ads to Sell Pirated Content
September 18, 2020: The Educational Publishers Enforcement Group (EPEG) publishers, consisting of Cengage, Elsevier, Macmillan Learning, McGraw-Hill and Pearson, have obtained a Preliminary Injunction from the United States District Court for the Southern District of New York against 63 eBook websites that sell illegal, unlicensed eBooks using the functionalities of Google and Microsoft. EPEG publishers filed suit for copyright and trademark infringement against these websites on August 12, 2020, and on the same date obtained a Temporary Restraining Order that required the immediate shutdown of the infringing activity on these websites, as well as the cessation of the services that support the illegal websites. Through the Preliminary Injunction, that injunctive relief has now been extended through the pendency of the litigation. This is the third suit since November 2019 that EPEG publishers have brought against pirate eBook websites, and the third time they have successfully obtained a Preliminary Injunction.
Educational Publishers Take Legal Action Against Dozens of eBook Sites that use Google Ads to Sell Pirated Content
November 25, 2019: The Educational Publishers Enforcement Group (EPEG) members, consisting of Cengage, Elsevier, Macmillan Learning, McGraw-Hill and Pearson, have filed a lawsuit in federal court against dozens of pirate eBook sites that sell illegal, unlicensed eBooks using Google ads. In conjunction with filing the suit, EPEG sought and received a Temporary Restraining Order that requires the immediate shut down of the illegal activity on these sites, as well as the cessation of the services that support these illegal sites.
Textbook Distributor Nebraska Book Company Adopts the EPEG Best Practices to Help Stop Counterfeiting
EPEG Best Practices represent the largest industry action to stop pirated and counterfeit materials
June 1, 2018: Cengage, Elsevier, Macmillan Learning, McGraw-Hill Education, and Pearson together with textbook distributors Nebraska Book Company and Nebraska Book Holdings, Inc. (“Nebraska”) announced today that Nebraska is adopting the textbook industry’s Anti-Counterfeit Best Practices developed by the Educational Publishers Enforcement Group (“EPEG”). Nebraska joins a growing number of leading textbook distributors adopting the Best Practices, which were developed as a mechanism to assist publishers and distributors in the eradication of counterfeit textbooks in the marketplace.
BBA Companies Join Publishers in Campaign to End Textbook Counterfeiting
April 25, 2018: Cengage, Elsevier, Macmillan Learning, McGraw-Hill Education, and Pearson today announced an agreement with BBA Solutions Partnership Group, LLC, BBA Corp, First Class Books, Renttext.com, Textbook Brokers, Campus Bookstore, and other related companies to implement the textbook industry’s Anti-Counterfeit Best Practices. These best practices were developed as a mechanism to assist publishers and distributors in the eradication of counterfeit copies of textbooks in the marketplace. The five Publishers form the Educational Publishers Enforcement Group (“EPEG”), which developed the Best Practices.
Huge Victory for Educational Publishers Cengage, McGraw-Hill Education, Pearson and Wiley in Jury Trial Regarding Counterfeit Textbooks
NEW YORK, NY April 17, 2018: Cengage, McGraw-Hill Education, Pearson, and Wiley have won a $34.2 million verdict against a group of online booksellers and their owner for dealing in counterfeit textbooks. In a three-week trial in the U.S. District Court for the Southern District of New York (Case No. 1:13-cv-00816 (WHP) (GWG) & Case No. 1:16-cv-07123 (WHP) (GWG), a nine-person jury unanimously found Defendants — several Ohio-based bookselling companies, including Book Dog Books and Robert William Management, and their owner, Philip Smyres — liable for willful trademark infringement, willful copyright infringement, and breach of a prior settlement agreement.
Macmillan Learning Joins Industry Fight Against Counterfeit Educational Materials
Partnership with major content providers and distributors represents largest effort against counterfeit and piracy practices in education
February 15, 2018: Macmillan Learning, a premier education solutions company, today announced an agreement to join the Educational Publishers Enforcement Group (“EPEG”) and will formally endorse the Anti-Counterfeit Best Practices (“Best Practices”) created by EPEG and its partners. By joining this team of content providers including Cengage, Elsevier, McGraw-Hill Education and Pearson, and working with distributors like Barnes & Noble Education, Chegg, Follett and Ingram, which have endorsed the Best Practices, Macmillan Learning is now part of the largest industry effort in identifying and eliminating counterfeit textbooks.
TAA Council Resolution on Textbook Counterfeiting
(Drafted June 27, 2017) Whereas the Textbook & Academic Authors Association’s (TAA’s) mission is to support authors in the creation of top-quality educational and scholarly works that stimulate the love of learning and foster the pursuit of knowledge; and
Follett Adopts Anti-Counterfeit Best Practices of Major Educational Publishers
WESTCHESTER, IL (October 10, 2017) Follett Corporation, the leading operator of college stores, announced today that it has agreed to participate, with Barnes & Noble Education, MBS, Chegg and Ingram, in the adoption of the Anti-Counterfeit Best Practices (“Best Practices”) of publishers Cengage, McGraw-Hill Education, Elsevier, and Pearson. The Best Practices were developed by the four Publishers, which form the Educational Publishers Enforcement Group (“EPEG”). The Best Practices have now been endorsed by the largest textbook distributors in the country, and may be viewed as the industry standard in combating counterfeit textbooks.
Publishers Settle with Follett
October 10, 2017: Publishers Cengage, Elsevier, McGraw-Hill Education, and Pearson announced on Tuesday that Follett Corporation, including Valore, Inc., has adopted the Anti-Counterfeit Best Practices. In conjunction with adoption of the Best Practices, Cengage, McGraw-Hill, and Pearson have amicably settled the lawsuit that the Publishers filed against Follett and Valore earlier this year. The suit has been dismissed and the matter is fully resolved.
The Publishers worked cooperatively through EPEG to achieve agreement with Follett and Valore on the Best Practices and the settlement. EPEG was represented by Oppenheim + Zebrak, LLP, and Follett and Valore were represented by Jenner & Block, LLP.
Large-Scale Campaign Launches Against Trafficking in Counterfeit Books on Online Marketplaces
August 18, 2017: Cengage, Elsevier, McGraw-Hill Education, and Pearson Education (the “Publishers”), acting through the Educational Publishers Enforcement Group (“EPEG”), launched a substantial, multi-faceted campaign to remove counterfeit textbooks from online marketplaces ahead of the upcoming back-to-school season. The campaign focuses on hundreds of sellers of counterfeit textbooks across multiple online marketplaces.
Barnes & Noble Education, Major Educational Content Providers, Commit to Fight Counterfeit Textbooks
July 31, 2017: Cengage, Elsevier, McGraw-Hill Education, and Pearson today announced an agreement with Barnes & Noble Education, Inc. to implement the industry’s Anti-Counterfeit Best Practices. The best practices were developed to assist publishers and distributors in combating counterfeits of print textbooks, a growing problem facing the industry.
Major Educational Content Providers Take Legal Action to Combat Distribution of Counterfeit Textbooks
June 21, 2017: Cengage, McGraw-Hill Education, and Pearson today filed a lawsuit against Follett, which includes Valore, a recently acquired subsidiary, for distributing counterfeit textbooks. This lawsuit comes only after the publishers’ months-long efforts to convince Follett to change their practices of purchasing and selling counterfeit textbooks. Once those efforts failed, the Publishers had no choice but to file suit in order to protect their rights.