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.

Like the two prior lawsuits, the current lawsuit states that the operators of the pirate eBook websites pay Google to place prominent ads in response to searches for the publishers’ legitimate content. The current case also involves the use of similar ads by some of the pirate websites on Microsoft’s Bing search engine. The use of ads to sell infringing content runs counter to Google’s and Microsoft’s own policies and has led to an infestation of pirated eBooks for sale online. In addition to the veneer of legitimacy provided to these pirate websites by their seemingly legitimate Google and Bing ads, the websites rely on legitimate payment processors, domain hosts and other internet service providers, all of whom are required by the Court’s injunction to stop facilitating the pirate websites’ illegal activity.

“Once again, the Court has shown that illegal behavior doesn’t pay for the operators of these pirate websites. Selling illegal eBooks harms authors, publishers and everyone else involved in the legitimate textbook industry. Publishers are committed to protecting their investment in scholarship, academic instruction and learning,” said Matt Oppenheim, who serves as lead counsel to EPEG publishers.

The sale of pirated textbooks injures students, who do not receive legitimate copies of the products they seek to purchase. Piracy also causes publishers financial injury, creating a ripple effect impacting the ability to invest in the creation of new works and scholarly contributions that benefit education as a whole. EPEG publishers’ enforcement efforts seek to stop online piracy and create a level playing field for those distributors and businesses that purchase and sell legitimate and licensed products.

About Cengage

Cengage is the education and technology company built for learners. As the largest US-based provider of teaching and learning materials for higher education, we offer valuable options at affordable price points. Our industry-leading initiatives include Cengage Unlimited, the first-of-its-kind all-access digital subscription service. We embrace innovation to create learning experiences that build confidence and momentum toward the future students want. Headquartered in Boston, Cengage also serves K-12, library and workforce training markets around the world. Visit us at Cengage.com or find us on Facebook or Twitter.

About Elsevier

Elsevier is a global information analytics business that helps scientists and clinicians to find new answers, reshape human knowledge, and tackle the most urgent human crises. For 140 years, we have partnered with the research world to curate and verify scientific knowledge. Today, we’re committed to bringing that rigor to a new generation of platforms. Elsevier provides digital solutions and tools in the areas of strategic research management, R&D performance, clinical decision support, and professional education; including ScienceDirect, Scopus, SciVal, ClinicalKey and Sherpath. Elsevier publishes over 2,500 digitized journals, including The Lancet and Cell, 39,000 e-book titles and many iconic reference works, including Gray’s Anatomy. Elsevier is part of RELX Group, a global provider of information and analytics for professionals and business customers across industries. www.elsevier.com.

About Macmillan Learning

Macmillan Learning is a privately held, family owned company that improves lives through learning. By linking research to learning practice, we develop pioneering products and learning materials for students that are highly effective and drive improved outcomes. Our engaging content is developed in partnership with the world’s best researchers, educators, administrators and developers. To learn more, please visit www.macmillanlearning.com or see us on Facebook, Twitter, LinkedIn, or join our Macmillan Community.

About McGraw-Hill Education

McGraw Hill is a learning science company that delivers personalized learning experiences that drive results for students, parents, educators and professionals. We focus on educational equity, affordability and learning success to help learners build better lives. Headquartered in New York City, McGraw Hill has offices across North America, Asia, Australia, Europe, the Middle East and South America, and makes its learning solutions for PreK-12, higher education, professionals and others available in more than 75 languages. Visit us at mheducation.com or find us on Facebook, Instagram, LinkedIn or Twitter.

About Pearson

We are the world’s learning company with more than 24,000 employees operating in 70 countries and a mission to help people make progress in their lives through learning. We combine world-class educational content and assessment, powered by services and technology, to enable more effective teaching and personalized learning at scale. We believe that wherever learning flourishes so do people. For more information, visit Pearson.com.

Media Contacts:


Cengage:
Emily Featherston

emily.featherston@cengage.com
617-757-8035

Elsevier:
David Tucker

d.tucker@elsevier.com
+44 7920 536160

Macmillan Learning:
Marisa Bluestone

marisa.bluestone@Macmillan.com
202-699-1495

McGraw-Hill:
Tyler Reed

tyler.reed@mheducation.com
646-766-2951

Pearson:
Scott Overland

scott.overland@pearson.com
202-909-4520

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.

The lawsuit, filed in the United States District Court for the Southern District of New York, asserts a claim for federal copyright infringement. The lawsuit against the pirate eBook sites states that the operators of these websites pay Google to place prominent ads in response to searches for the publishers’ legitimate content. The pirate sites’ use of Google ads to sell infringing content runs counter to Google’s own policies. These sites rely on legitimate payment processors, domain hosts and other internet services providers, all of whom are required by the Court’s injunction to stop facilitating the pirate websites’ illegal activity.

“These pirate websites are engaged in blatantly illegal activity that causes great harm to all those who earn a living from legitimate textbook sales. Publishers are committed to protecting their investment in scholarship, academic instruction and learning,” said Matt Oppenheim, who serves as lead counsel to EPEG.

The sale of pirated textbooks reduces incentives for publishers to invest in newer, updated learning materials and business models that promote more affordable options for course materials. EPEG’s enforcement efforts seek to create a level playing field for those distributors and businesses that play by the rules, purchasing and selling legitimate and licensed products.

About Cengage

Cengage is the education and technology company built for learners. As the largest US-based provider of teaching and learning materials for higher education, we offer valuable options at affordable price points. Our industry-leading initiatives include Cengage Unlimited, the first-of-its-kind all-access digital subscription service. We embrace innovation to create learning experiences that build confidence and momentum toward the future students want. Headquartered in Boston, Cengage also serves K-12, library and workforce training markets around the world. Visit us at Cengage.com or find us on Facebook or Twitter.

About Elsevier

Elsevier is a global information analytics company that helps institutions and professionals progress science, advance healthcare and improve performance for the benefit of humanity. Elsevier provides digital solutions and tools in the areas of strategic research management, R&D performance, clinical decision support, and professional education; including ScienceDirect, Scopus, ClinicalKey and Sherpath. Elsevier publishes over 2,500 digitized journals, including The Lancet and Cell, more than 35,000 e-book titles and many iconic reference works, including Gray’s Anatomy. Elsevier is part of RELX Group, a global provider of information and analytics for professionals and business customers across industries. For more information, visit www.elsevier.com.

About Macmillan Learning

Macmillan Learning is a privately-held, family owned company that improves lives through learning. By linking research to learning practice, we develop pioneering products and learning materials for students that are highly effective and drive improved outcomes. Our engaging content is developed in partnership with the world’s best researchers, educators, administrators, and developers. To learn more, please visit www.macmillanlearning.com or see us on Facebook, Twitter, LinkedIn, or join our Macmillan Community.

About McGraw-Hill Education

McGraw-Hill Education is a learning science company that delivers personalized learning experiences that help students, parents, educators and professionals drive results. McGraw-Hill Education has offices across North America, India, China, Europe, the Middle East and South America and makes its learning solutions available in more than 60 languages. Visit us at MHEducation.com or find us on Facebook or Twitter.

About Pearson

We are the world’s learning company with more than 24,000 employees operating in 70 countries and a mission to help people make progress in their lives through learning. We combine world-class educational content and assessment, powered by services and technology, to enable more effective teaching and personalized learning at scale. We believe that wherever learning flourishes so do people. For more information, visit For more information, Pearson.com.

Media Contacts:


Cengage:
Emily Featherston

Emily.featherston@cengage.com
617-757-8035

Elsevier:
Tom Reller

Global Communications
t.reller@elsevier.com

Macmillan Learning:
Marisa Bluestone

Marisa.Bluestone@Macmillan.com
202-699-1495

McGraw-Hill:
Tyler Reed

Tyler.reed@mheducation.com
646-766-2951

Pearson:
Scott Overland

Scott.overland@pearson.com
202-909-4520

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.

“Nebraska Book Company is committed to adopting the Best Practices set by EPEG,” said Jay Amond, CEO, Nebraska Book Company Inc. “It is important to us that we give our customers peace of mind and ensure that they are receiving the authentic product. By working collaboratively with the publishers and our suppliers together we can stop the distribution of counterfeit textbooks.”

“EPEG is pleased to add another textbook distributor to the effort to stop the proliferation of counterfeit textbooks in the marketplace,” said Matthew Oppenheim, counsel for EPEG. “The number of distributors adopting the Anti-Counterfeit Best Practices has continued to grow. Nebraska is a welcome addition to the fight against distribution of counterfeit textbooks.”

EPEG Best Practices outline practical actions designed to eliminate counterfeit textbooks from the market. The Best Practices include different steps to aid stakeholders in avoiding counterfeit textbooks and are available at www.stopcounterfeitbooks.com.

The Publishers worked cooperatively through EPEG to achieve Nebraska’s adoption of the Best Practices.

The Anti-Counterfeit Best Practices and information on how to avoid, identify, and report illegal activity can be found at http://www.stopcounterfeitbooks.com.

About Nebraska Book Company

Nebraska Book Company (NBC) is a wholly-owned subsidiary of Nebraska Book Holdings, Inc. NBC began in 1915 as an independent college bookstore and has evolved into a key resource and consulting partner to over 2,000 college retailers nationwide. NBC has a variety of companies under their umbrella including PrismRBS, College Store Design and Campus Advisory Services. NBC’s main goal is to provide textbook and point-of-sale solutions, which support student success and strengthen higher education retail across the United States, Canada and the Caribbean. For more information about NBC, visit http://nebook.com

About Cengage

Cengage is the education and technology company built for learners. As the largest US-based provider of teaching and learning materials for higher education, we offer valuable options at affordable price points. Our industry-leading initiatives include Cengage Unlimited, the first-of-its-kind all-access digital subscription service. We embrace innovation to create learning experiences that build confidence and momentum toward the future students want. Headquartered in Boston, Cengage also serves K-12, library and workforce training markets around the world. Visit us at Cengage.com or find us on Facebook or Twitter.

About Elsevier

Elsevier is a global information analytics company that helps institutions and professionals progress science, advance healthcare and improve performance for the benefit of humanity. Elsevier provides digital solutions and tools in the areas of strategic research management, R&D performance, clinical decision support, and professional education; including ScienceDirect, Scopus, ClinicalKey and Sherpath. Elsevier publishes over 2,500 digitized journals, including The Lancet and Cell, more than 35,000 e-book titles and many iconic reference works, including Gray’s Anatomy. Elsevier is part of RELX Group, a global provider of information and analytics for professionals and business customers across industries. For more information, visit www.elsevier.com.

About Macmillan Learning

Macmillan Learning improves lives through learning. Our legacy of excellence in education informs our approach to using user-centered design, learning science, and impact research to develop world-class content and pioneering products that are empathetic, highly effective, and drive improved outcomes. Through deep partnership with the world’s best researchers, educators, administrators, and developers, we facilitate teaching and learning opportunities that spark student engagement and improve outcomes. We provide educators with tailored solutions designed to inspire curiosity and measure progress. Our commitment to teaching and discovery upholds our mission to improve lives through learning. To learn more, please visit www.macmillanlearning.com or see us on Facebook, Twitter, LinkedIn, or join our Macmillan Community.

About McGraw-Hill Education

McGraw-Hill Education is a learning science company that delivers personalized learning experiences that help students, parents, educators and professionals drive results. McGraw-Hill Education has offices across North America, India, China, Europe, the Middle East and South America and makes its learning solutions available in more than 60 languages. Visit us at MHEducation.com or find us on Facebook or Twitter.

About Pearson

Pearson is the world’s learning company, with expertise in educational courseware and assessment, and a range of teaching and learning services powered by technology. Our mission is to help people make progress through access to better learning. We believe that learning opens up opportunities, creating fulfilling careers and better lives. For more information, Pearson.com.

Media Contacts:


Nebraska Book Company:
Joshlyn Mangan

jmangan@nebook.com
402-421-0461

Cengage:
Lindsay Stanley

Lindsay.stanley@cengage.com
203-965-8634

Elsevier:
Tom Reller

Global Communications
t.reller@elsevier.com

Macmillan Learning:
Kate Geraghty

Kate.Geraghty@macmillan.com
412-654-6004

McGraw-Hill Education:
Catherine Mathis

Catherine.Mathis@mheducation.com
646-766-2468

Pearson:
Scott Overland

Scott.overland@pearson.com
202-909-4520

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.

“BBA is committed to adopting the best practices set by EPEG, so together we can stop the distribution of counterfeit textbooks. Through this collaboration, we are establishing a trusted marketplace for students across the country. It is our mission to provide students and faculty affordable textbook options, while protecting the intellectual property of authors and publishers,” said James Barnes, CEO, BBA Corp.

“The Anti-Counterfeiting Best Practices have quickly gained traction as the industry standard for booksellers to avoid dealing in counterfeits. With dozens of college bookstores across the country and its significant on-line presence, EPEG is pleased that BBA and related companies have decided to adopt the Best Practices. We welcome BBA’s effort to fight against distribution of counterfeit textbooks,” said Matthew Oppenheim, counsel for EPEG.

The Publishers worked cooperatively through EPEG to achieve agreement with BBA Solutions Partnership Group, LLC, BBA Corp, First Class Books, Renttext.com, Textbook Brokers, Campus Bookstore, and related companies on the Best Practices. Oppenheim + Zebrak, LLP represented EPEG, and Riley Warnock & Jacobson, PLC, represented BBA Solutions Partnership Group, LLC, BBA Corp, First Class Books, Renttext.com, Textbook Brokers, Campus Bookstore, and related companies.

About BBA Solutions

BBA Solutions Partnership Group, LLC, BBA Corp, First Class Books, Renttext.com, Textbook Brokers, Campus Bookstore, and other related companies are industry leaders in the college textbook space. In total, the group is comprised of more than 80 retail locations spanning 24 states along with vibrant online businesses. For more information, visit www.bbasolutions.com.

About Cengage

Cengage is the education and technology company built for learners. The company serves the higher education, K-12, professional, library and workforce training markets worldwide. Cengage creates learning experiences that build confidence and momentum toward the future students want. The company is headquartered in Boston with an office hub in San Francisco. Employees reside in nearly 40 countries with sales in more than 125 countries around the world. Visit us at Cengage.com or find us on Facebook or Twitter.

About Elsevier

Elsevier is a global information analytics company that helps institutions and professionals progress science, advance healthcare and improve performance for the benefit of humanity. Elsevier provides digital solutions and tools in the areas of strategic research management, R&D performance, clinical decision support, and professional education; including ScienceDirect, Scopus, ClinicalKey and Sherpath. Elsevier publishes over 2,500 digitized journals, including The Lancet and Cell, more than 35,000 e-book titles and many iconic reference works, including Gray’s Anatomy. Elsevier is part of RELX Group, a global provider of information and analytics for professionals and business customers across industries. For more information, visit www.elsevier.com.

About Macmillan Learning

Macmillan Learning improves lives through learning. Our legacy of excellence in education continues to inform our approach to developing world-class content with pioneering, interactive tools. Through deep partnership with the world’s best researchers, educators, administrators, and developers, we facilitate teaching and learning opportunities that spark student engagement and improve outcomes. We provide educators with tailored solutions designed to inspire curiosity and measure progress. Our commitment to teaching and discovery upholds our mission to improve lives through learning. To learn more, please visit www.macmillanlearning.com or see us on Facebook, Twitter, LinkedIn or join our Macmillan Community.

About McGraw-Hill Education

McGraw-Hill Education is a learning science company that delivers personalized learning experiences that help students, parents, educators and professionals drive results. McGraw-Hill Education has offices across North America, India, China, Europe, the Middle East and South America and makes its learning solutions available in more than 60 languages. Visit us at MHEducation.com or find us on Facebook or Twitter.

About Pearson

Pearson is the world’s learning company, with expertise in educational courseware and assessment, and a range of teaching and learning services powered by technology. Our mission is to help people make progress through access to better learning. We believe that learning opens up opportunities, creating fulfilling careers and better lives. For more information, Pearson.com.

Media Contacts:


BBA Solutions:
Rene Morgan

rmorgan@bbasolutions.com
501-217-4960

Cengage:
Lindsay Stanley

Lindsay.stanley@cengage.com
203-965-8634

Elsevier:
Tom Reller

Global Communications
t.reller@elsevier.com

Macmillan Learning:
Kate Geraghty

Kate.Geraghty@macmillan.com
412-654-6004

McGraw-Hill Education:
Catherine Mathis

Catherine.Mathis@mheducation.com
646-766-2468

Pearson:
Scott Overland

Scott.overland@pearson.com
202-909-4520

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.

Defendants sell online through their websites, textbooksrush.com and bookstores.com, as well as through numerous storefronts on online marketplaces including Amazon, eBay, Abebooks, Alibris and others. The Defendants’ primary Amazon storefront is named Apex_Media. The trial consolidated two separate cases against different combinations of these Defendants. The first case was filed back in 2013. After newly discovered counterfeits could no longer be added into the first case, a second case was filed in 2016.

Counterfeits are fakes of the real product. They are illegal regardless whether of handbags, prescription drugs, or textbooks. The sale of counterfeit textbooks harms all those involved within the ecosystem of creating, distributing, and using high quality textbooks, including authors, students, publishers, and others.

Matt Oppenheim, lead counsel for the publishers, commented: “We believe that the jury understood the inherent and important value of educational textbooks, and that book distributors have an obligation to ensure that their inventory is authentic product.”

The education world has been plagued by an increase in counterfeit books in recent years. In response, the publishers have actively enforced their legal rights against those found distributing counterfeit materials. Several publishers have also developed Anti-Counterfeit Best Practices, which are available on the educational website located at www.stopcounterfeitbooks.com. The Anti-Counterfeit Best Practices are intended to assist distributors with combating counterfeits of print textbooks that hurt students, educators, publishers and distributors.

In the litigation, Cengage, Wiley, McGraw-Hill Education, and Pearson were represented by a team at Oppenheim + Zebrak, LLP (oandzlaw.com).

About Cengage

Cengage is the education and technology company built for learners. As the largest US-based provider of teaching and learning materials for higher ed, we offer valuable options at affordable price points. Our industry-leading initiatives include Cengage Unlimited, the first-of-its-kind all-access digital subscription service. We embrace innovation to create learning experiences that build confidence and momentum toward the future students want. Headquartered in Boston, Cengage also serves K-12, library and workforce training markets around the world. Visit us at Cengage.com or find us on Facebook or Twitter.

About McGraw-Hill Education

McGraw-Hill Education is a learning science company that delivers personalized learning experiences that help students, parents, educators and professionals drive results. McGraw-Hill Education has offices across North America, India, China, Europe, the Middle East and South America and makes its learning solutions available in more than 60 languages. Visit us at MHEducation.com or find us on Facebook or Twitter.

About Pearson

Pearson is the world’s learning company, with expertise in educational courseware and assessment, and a range of teaching and learning services powered by technology. Our mission is to help people make progress through access to better learning. We believe that learning opens up opportunities, creating fulfilling careers and better lives. For more information, Pearson.com.

About Wiley

Wiley, a global research and learning company, helps people and organizations develop the skills and knowledge they need to succeed. Our online scientific, technical, medical, and scholarly journals, combined with our digital learning, assessment and certification solutions help universities, learned societies, businesses, governments and individuals increase the academic and professional impact of their work. For more than 210 years, we have delivered consistent performance to our stakeholders. Visit us at Wiley.com.

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.

Last year, EPEG developed Best Practices to address and combat the growth in production and sales of counterfeit textbooks. Although the production of counterfeit materials is a copyright infringement and a violation of federal law, publishers and vendors noted a troubling increase in illegal activity in recent years.

“Our company revolves around enabling instructors and institutions to deliver and optimize learning for students. This requires the best authorship and domain experts in the world to create pedagogically sound and researched education solutions,” said Macmillan Learning CEO Ken Michaels. “It takes enormous time, energy and commitment to fulfill this life’s work and these experts deserve our support and the country’s IP protection. We are pleased to join EPEG to fully endorse the best practices we have embraced.”

EPEG Best Practices outline immediate steps designed to eliminate counterfeit textbooks from the market. Found at www.stopcounterfeitbooks.com, the Best Practices include over 19 different steps geared to avoiding counterfeit textbooks including important advice on partnering with reliable sources and vendors.

“We are working every day to create content and tools to improve student outcomes,” said Macmillan Learning General Manager Susan Winslow. “The increase in counterfeit materials has negatively impacted our ability to invest in the future platforms and programs, and we cannot allow it to continue.”

“We look forward to collaborating with our industry colleagues to quickly and immediately address this issue,” said Mr. Michaels. “At Macmillan Learning, our mission is simple ̶ to improve lives through learning by helping each learner reach their fullest potential. There is a trust that is inherent in this mission, so there is no place for counterfeiters in our ecosystem.”

Information and warning signs on how to avoid, identify, and report illegal activity can also be found at www.stopcounterfeitbooks.com.

About Macmillan Learning

Macmillan Learning improves lives through learning. Our legacy of excellence in education continues to inform our approach to developing world-class content with pioneering, interactive tools. Through deep partnership with the world’s best researchers, educators, administrators, and developers, we facilitate teaching and learning opportunities that spark student engagement and improve outcomes. We provide educators with tailored solutions designed to inspire curiosity and measure progress. Our commitment to teaching and discovery upholds our mission to improve lives through learning. To learn more, please visit www.macmillanlearning.com or see us on Facebook, Twitter, LinkedIN or join our Macmillan Community.

Media Contacts:


Kate Geraghty
Macmillan Learning
412-654-6004
kate.geraghty@macmillan.com

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

Whereas authors share a common goal with academic and textbook publishers of providing innovative and current educational resources to students; and

Whereas this work is undertaken at considerable cost in time and other resources, and requires deep expertise in order to be effective; and

Whereas appropriate compensation for the work of textbook publishing is essential to ensure that both publishers and authors can continue to deliver excellent educational resources; and

Whereas TAA has learned of an extensive counterfeiting problem currently affecting the textbook marketplace and causing substantial losses of revenue for publishers and of royalties for authors and driving up the price of textbooks; therefore,

Be It Resolved that TAA shares the concerns of publishers about the counterfeiting issue and supports a variety of actions to combat it, including efforts

  • to educate the public about the problem, and broaden understanding of the negative ramifications of using counterfeit products, which include illegal substitution of inferior quality copies for authentic copies and the unfair diminishment of income for publishers and authors;
  • to help distributors and booksellers with identifying counterfeits more effectively and to develop a practice and an expectation that distributors and booksellers will strive to identify and remove counterfeit products prior to their introduction into the marketplace;
  • to enforce existing laws against the violation of copyrights and trademark rights resulting from the dissemination of counterfeit works; and
  • specifically endorses the recent efforts of Cengage Learning, Inc., McGraw-Hill Global Education Holdings, LLC, and Pearson Education, Inc. to pursue through litigation their respective claims against those college textbook distributors and resellers that engage willfully or recklessly in the purchase and resale of counterfeit textbooks.

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.

Using their years of experience, EPEG developed the Best Practices to assist distributors in avoiding and identifying counterfeit textbooks. The Best Practices, available at www.stopcounterfeitbooks.com, outline steps designed to verify suppliers and avoid illegitimate sources, recognize inventory that may be counterfeit, and provides for cooperation with the Publishers to review any suspect inventory. Follett worked cooperatively with the Publishers through EPEG to achieve agreement on the Best Practices.

“Follett has always been committed to combating counterfeiting, and through productive dialogue with the publishers over the last several months, we are pleased to have found common ground with them in the ongoing fight against counterfeit textbooks,” said Clay Wahl, President, Follett Higher Education.

“As the leading distributor of affordable college course material options of all types and formats, including physical, digital and rental, we look forward to working collaboratively with EPEG in the future to meet our common interest of providing students with affordable, authentic textbooks on college campuses throughout the United States and Canada.”

Sales of counterfeit books are harmful to students, educators, publishers and distributors. The rise of illegal counterfeit materials in the market results in reduced incentives for publishers to invest in new content and technology to improve learning. In addition, distribution of counterfeit materials infringes on the publishers’ copyright and trademark rights and ultimately limits royalties available for authors and rights owners.

“Cengage is pleased that our industry working group and Follett have agreed to work together to continue and improve the fight against insidious counterfeit materials,” said Michael Hansen, CEO, Cengage. “We look forward to a close collaboration with our largest distributors, who are now all collectively aligned with us on Best Practices, to ensure our significant investments in course materials that support student success are protected.”

“We applaud Follett for taking additional steps to address the growing problem of counterfeit textbooks,” said Kevin Capitani, president, Pearson North America. “As these anti-counterfeit book best practices become the industry standard, students will be the main beneficiaries as publishers and distributors work together to provide the highest quality materials in a variety of formats and at more affordable prices.”

“McGraw-Hill is pleased that Follett has adopted the Anti-Counterfeit Best Practices,” said McGraw-Hill Education CEO David Levin. “We all share the goal of eliminating the theft of intellectual property, which reduces the incentive to enhance educational materials. Our goal is to provide students with powerful learning materials that will help them succeed in college and beyond. The more we work together, the more effective we can be at ensuring the integrity of the materials they use.”

About Follett

As a leading provider of education technology, services and physical and digital content, Follett works with 70,000 schools and operates more than 1,250 local campus stores and 1,600 virtual stores across North America. With the 2016 acquisition of Baker & Taylor, LLC, Follett’s reach also extends into the public library and global retail markets. For more information, visit www.follett.com.

About Cengage

Cengage is the education and technology company built for learners. The company serves the higher education, K-12, professional, library and workforce training markets worldwide. Cengage creates learning experiences that build confidence and momentum toward the future students want. The company is headquartered in Boston with an office hub in San Francisco. Employees reside in nearly 40 countries with sales in more than 125 countries around the world. Visit us at www.cengage.com or find us on Facebook or Twitter.

About Elsevier

Elsevier is a global information analytics company that helps institutions and professionals progress science, advance healthcare and improve performance for the benefit of humanity. Elsevier provides digital solutions and tools in the areas of strategic research management, R&D performance, clinical decision support, and professional education; including ScienceDirect, Scopus, ClinicalKey and Sherpath. Elsevier publishes over 2,500 digitized journals, including The Lancet and Cell, more than 35,000 e-book titles and many iconic reference works, including Gray’s Anatomy. Elsevier is part of RELX Group, a global provider of information and analytics for professionals and business customers across industries. For more information, visit www.elsevier.com.

About McGraw-Hill Education

McGraw-Hill Education is a learning science company that delivers personalized learning experiences that help students, parents, educators and professionals drive results. McGraw-Hill Education has offices across North America, India, China, Europe, the Middle East and South America and makes its learning solutions available in more than 60 languages. Visit us at mheducation.com or find us on Facebook or Twitter.

About Pearson

Pearson is the world’s learning company, with expertise in educational courseware and assessment, and a range of teaching and learning services powered by technology. Our mission is to help people make progress through access to better learning. We believe that learning opens up opportunities, creating fulfilling careers and better lives. For more information, Pearson.com.

Media Contacts:

Follett:
Tom Kline

tkline@follett.com
708-200-8610

Cengage:
Lindsay Stanley

lindsay.stanley@cengage.com
203-965-8634

Elsevier: Tom Reller
t.reller@elsevier.com

McGraw-Hill Education: Catherine Mathis
catherine.mathis@mheducation.com
646-766-2468

Pearson: Scott Overland
scott.overland@pearson.com
202-909-4520


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.

The sale of counterfeits harms authors, publishers and legitimate retailers, along with the students that buy them. The anti-counterfeit campaign aims to redress the damages caused by the sale of counterfeits, which negatively impacts the Publishers’ ability to invest in new educational materials and business models that help students achieve better outcomes at more affordable price points.

Based on their extensive investigative efforts, EPEG took the following actions yesterday:


First, the Publishers sent infringement notices to online marketplaces, reporting over 300 sellers of counterfeits. As each marketplace presumably wishes to cultivate a reputation for providing a wide array of legitimate goods, not fake ones, the Publishers hope and expect that each marketplace will take swift and appropriate action against the infringers in accordance with their respective policies and the law, including removing infringing listings and sellers. The marketplaces receiving these notices included Amazon, AbeBooks and eBay.


Second, the Publishers initiated lawsuits in federal court against 40 alleged sellers of counterfeit textbooks. In the lawsuits, the Publishers asserted copyright and trademark infringement claims against “John Does,” who are anonymous sellers of counterfeits on online marketplaces.


Third, the Publishers initiated lawsuits against two identified sellers of counterfeit textbooks for copyright and trademark infringement. Plaintiffs filed the first action in the United States District Court for the Western District of New York, after learning of the defendant’s activities via seizures by U.S. Customs and Border Protection and surrenders of suspected counterfeits that other commercial distributors sourced from the defendant. Plaintiffs filed the second action in the United States District Court for the Eastern District of California, after learning of the defendant’s activities via test purchases from the defendant’s online storefronts and surrenders of suspected counterfeits from other commercial distributors.


Fourth, the Publishers sent cease-and-desist letters to dozens of commercial sellers caught selling counterfeits. The facts and circumstances vary, but generally these are parties with whom the Publishers believe it may be possible to explore the nature and scope of the infringement, the appropriate corrective action, and the possibility of resolution short of litigation.


These enforcement efforts are part of an ongoing effort by the Publishers to ensure the integrity of their products.

“The Publishers are committed to cleaning up the marketplace, and enforcing their rights against those responsible for selling counterfeits. Publishers have the right and obligation to protect their copyrights, authors and students, as well as their brands and reputations,” said Matthew Oppenheim of Oppenheim + Zebrak, LLP. “These actions are important to create a level playing field for legitimate businesses. Those that play by the rules by purchasing and selling legitimate products should not face unfair competition from those who deal in counterfeits.”

EPEG recently introduced the Anti-Counterfeit Best Practices, which are a set of principles designed to assist distributors in addressing the growing problem of counterfeit textbooks. The Anti-Counterfeit Best Practices are available at: www.stopcounterfeitbooks.com. This website also has useful information regarding how to spot a counterfeit.

EPEG is represented by Oppenheim + Zebrak, LLP in these legal actions.


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.

Sales of counterfeit books are harmful to students, educators, publishers and distributors. The rise of illegal counterfeit materials in the market results in reduced incentives for publishers to invest in new content and technology to improve learning. In addition, distribution of counterfeit materials infringes on the publishers’ copyright and trademark rights and ultimately limits royalties due to authors and designers.

Barnes & Noble Education and MBS Textbook Exchange, one of the largest textbooks distributors that was recently acquired by Barnes & Noble Education, joins Ingram and Chegg as distributors working proactively with publishers to reduce the distribution of counterfeit materials.

“At Barnes & Noble Education, our mission is to serve the students and faculty at our campuses nationwide. We recognize the importance of protecting the intellectual rights of publishers and authors, and remain steadfast in our ongoing commitment to enforce these rights as we have in the past, now guided by the publishers’ Anti-Counterfeit Best Practices. We look forward to working with our publishing partners to ensure the higher education community has access to authentic, high-quality course materials,” said Patrick Maloney, President, Barnes & Noble College.

“As a standalone company and, now, as part of Barnes & Noble Education, MBS has always taken the fight against counterfeiting very seriously. We will continue to work with our publishing partners to get affordable, authentic textbooks into the hands of students,” said David Henderson, President, MBS.

“By closely collaborating with Barnes & Noble Education and other industry partners in our fight against counterfeit sales, we stand united in our commitment to reduce the negative impact of piracy in the market,” said Michael Hansen, CEO, Cengage. “We will continue to be aggressive in our efforts to protect our intellectual property rights and the rights of our authors so that we can continue to invest in innovation to improve teaching and learning.”

“We are pleased to engage with Barnes & Noble College and like-minded leaders in the industry to demonstrate our solidarity against counterfeiting,” said Suzanne BeDell, Managing Director, Education, Reference & Continuity, Elsevier. “Working together will help protect the IP of our authors and safeguard the public from piracy’s negative effects.”

The best practices outline steps to verify suppliers and avoid illegitimate sources. They require distributors to verify the sources of their textbooks, inspect inventory that has a high risk of being counterfeit and prevent it from infecting their inventory. And when a distributor finds counterfeit books, there is agreement to share information about the materials and the supplier with the publishers so they can focus their enforcement efforts on the culprits.

The Anti-Counterfeit Best Practices are available at www.stopcounterfeitbooks.com with the goal that all publishers and distributors adopt and implement them as well. The Educational Publishers Enforcement Group (EPEG) is committed to pursuing their legal rights against anyone who is involved or who facilitates the distribution and sale of counterfeit textbooks, as well as those who engage in digital piracy. EPEG is hopeful that the adoption of the Best Practices by Barnes & Noble Education’s 1,400 physical and virtual bookstores will prove to have a dramatic effect on the number of counterfeits currently in the marketplace. EPEG is also currently in discussions with other distributors to sign on to the Best Practices as well.

“McGraw-Hill is pleased to see Barnes & Noble Education join Chegg and Ingram in adopting these best practices. We hope other distributors will follow their lead,” said McGraw-Hill Education CEO, David Levin. “The trade in counterfeits is not a benign one – it is based on the theft of intellectual property, and reduces the incentive to create new and improved educational materials.”

“By agreeing to these best practices, Barnes & Noble College is setting a strong example on the right way to combat counterfeit textbooks and piracy,” said Kevin Capitani, president, North America at Pearson. “We will continue to advocate for the integrity of high quality courseware and are pleased to be working with distributors that share that commitment.”

The Publishers worked cooperatively through EPEG to achieve agreement with Barnes & Noble Education on the Best Practices. EPEG was represented by Oppenheim + Zebrak, LLP, and Barnes & Noble Education was represented by Gibson, Dunn and Crutcher, LLP.


About Barnes & Noble Education

Barnes & Noble Education, Inc. (NYSE: BNED), is one of the largest contract operators of physical and virtual bookstores for higher education and K-12 institutions, one of the largest textbook wholesalers, and a leading provider of digital education services. Through its Barnes & Noble College and MBS subsidiaries, Barnes & Noble Education operates 1,481 physical and virtual bookstores and serves more than 6 million students. Through LoudCloud, its digital education platform, Barnes & Noble Education offers a suite of digital software, content and services. Barnes & Noble Education acts as a strategic partner to drive student success; provide value and support to students and faculty; and create loyalty and improve retention, all while supporting the financial goals of college and university partners.

General information on Barnes & Noble Education, Inc. can be obtained by visiting the Company’s corporate website: www.bned.com.


About Cengage

Cengage is the education and technology company built for learners. The company serves the higher education, K-12, professional, library and workforce training markets worldwide. Cengage creates learning experiences that build confidence and momentum toward the future students want. The company is headquartered in Boston with an office hub in San Francisco. Employees reside in nearly 40 countries with sales in more than 125 countries around the world. Visit us at www.cengage.com or find us on Facebook or Twitter.


About Elsevier

Elsevier is a global information analytics company that helps institutions and professionals progress science, advance healthcare and improve performance for the benefit of humanity. Elsevier provides digital solutions and tools in the areas of strategic research management, R&D performance, clinical decision support, and professional education; including ScienceDirect, Scopus, ClinicalKey and Sherpath. Elsevier publishes over 2,500 digitized journals, including The Lancet and Cell, more than 35,000 e-book titles and many iconic reference works, including Gray’s Anatomy. Elsevier is part of RELX Group, a global provider of information and analytics for professionals and business customers across industries. www.elsevier.com


About McGraw-Hill Education

McGraw-Hill Education is a learning science company that delivers personalized learning experiences that help students, parents, educators and professionals drive results. McGraw-Hill Education has offices across North America, India, China, Europe, the Middle East and South America and makes its learning solutions available in more than 60 languages. Visit us at mheducation.com or find us on Facebook or Twitter.


About Pearson

Pearson is the world’s learning company, with expertise in educational courseware and assessment, and a range of teaching and learning services powered by technology. Our mission is to help people make progress through access to better learning. We believe that learning opens up opportunities, creating fulfilling careers and better lives. For more information, visit Pearson.com.


 

Media Contacts:

Barnes & Noble Education:
Carolyn J. Brown
cbrown@bned.com
908-991-2967

Cengage:
Lindsay Stanley
lindsay.stanley@cengage.com
203-965-8634

Elsevier:
Tom Reller
Global Communications
t.reller@elsevier.com

McGraw-Hill Education:
Catherine Mathis
catherine.mathis@mheducation.com 646-766-2468

Pearson:
Scott Overland
scott.overland@pearson.com
202-909-4520


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.

The Publishers routinely find counterfeit textbooks being sold in large quantities in Follett’s stores, from Follett’s many online sites, and by Follett’s wholesale operations. The lawsuit, filed in the United States District Court for the Southern District of New York, asserts claims for copyright and trademark infringement under federal law for the distribution of those counterfeits.

Counterfeit textbooks have a significant negative impact on authors, educators, researchers and publishers. Selling counterfeit textbooks is no different from stealing from those whose creative and intellectual work is contained in those textbooks. It also harms the students who mistakenly purchase an unauthorized and sometimes inferior product. In cases where authentic materials include access to required digital assets, students buying counterfeit materials are left without a complete product. By routinely and systematically buying counterfeit textbooks and selling them as though they are legitimate, Follett creates and enables a market for illegitimate goods.

Counterfeit textbooks reduce incentives for publishers to invest in newer, updated learning materials and business models that promote more affordable options for course materials. Over the last several years, publishers have sought to remove counterfeit textbooks from the marketplace, and hold those who seek profit from them responsible. The Publishers’ enforcement efforts seek to create a level playing field for those distributors and businesses that play by the rules, purchasing and selling legitimate products.

Cengage, McGraw-Hill Education and Pearson recently introduced the Anti-Counterfeit Best Practices, a set of principles designed to address the growing problem of counterfeit print textbooks. These Best Practices assist distributors with combating counterfeits of print textbooks that hurt students, educators, authors, publishers and distributors. The Anti- Counterfeit Best Practices are available at: www.stopcounterfeitbooks.com.

 

Legal Complaint

 


Download PDF

Exhibit A

Copyrights Infringed


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Exhibit B

Trademarks Infringed


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Media Contact

For media inquiries, please contact
Catherine Mathis by telephone at (646)766-2468
or by email at catherine.mathis@mheducation.com.