Sometimes inventors have a habit of over-thinking things. Often we take the long road to figure things out, instead of grasping the simpler solution. That's when we bang our heads and wonder why we didn't see the obvious.
Don't fret; it's natural to fear the worst. We seem to anitcipate jobs,chores and even home projects to be harder than they really are. To our credit, we usually plan more than ample time - according to the task. And we've learned to enjoy the quicker accomplishments.
Such is the story of this video. It tells of an easy correction of an oil leak and nauseating engine smell. The story reflects several lessons.
1; Jobs aren't always as difficult as imagined.
2; You can be rewarded with time to brag and toast your success.
3; It might be wise to keep such things a secret.
You'll have to think about it!
Golf Product Videos (Clip 26)
Here are two examples of adapting videos to present your product to different audiences.
First you’ll see my “original” clip that appeared on You Tube under my channel "Inventor Videos". This video was part of a series of instructional/informative entries to assist other inventors and entrepreneurs...my targeted audience in this case.
The second Video describes the same product, but in a different manner. This version may appear more viewer friendly (with some humor)- but still informative. It was intended to encourage sales of the item – rather than dwelling on the invention process. Notice how this video is flavored to entertain a more "public" audience...a new target. Following the video is a paragraph from its presentation on a dedicated web site http://www.puttingtuner.com/ (where you’ll find further description of the product).
You'll love this video! It's about helping your golf game. Forget boring putting drills and endless pro putting tips. Putting practice has never been such fun. As usual, the simplest tool seems to do the best job. Putting Tuner teaches you to stroke firmly, with on-line accuracy to lower your score and put fun back in your game. Are you ready to brag about "putting out" with no yips or gimmies? Get ready to putt like a pro!
First you’ll see my “original” clip that appeared on You Tube under my channel "Inventor Videos". This video was part of a series of instructional/informative entries to assist other inventors and entrepreneurs...my targeted audience in this case.
The second Video describes the same product, but in a different manner. This version may appear more viewer friendly (with some humor)- but still informative. It was intended to encourage sales of the item – rather than dwelling on the invention process. Notice how this video is flavored to entertain a more "public" audience...a new target. Following the video is a paragraph from its presentation on a dedicated web site http://www.puttingtuner.com/ (where you’ll find further description of the product).
You'll love this video! It's about helping your golf game. Forget boring putting drills and endless pro putting tips. Putting practice has never been such fun. As usual, the simplest tool seems to do the best job. Putting Tuner teaches you to stroke firmly, with on-line accuracy to lower your score and put fun back in your game. Are you ready to brag about "putting out" with no yips or gimmies? Get ready to putt like a pro!
Trademark Horror Story (Clip 15)
I have a Horror Story for you about Trademarks.
Ballback was the perfect name for my basketball return device. It hangs on the basketball rim and kicks the ball back to the shooter. Here’s the horror story!
One day my neighbor came storming to my house with a copy of Golf Digest Magazine. It had a pictured ad of an extendable golf ball retriever called “Ballback”. It looked something like a telescopic spoon – stretching to grab a sunken golf ball, but it sure as hell didn’t kick basketballs back. I called the Texas firm, and spoke with the owner, telling how I had registered that trademark Ballback, years ago. He knew we dealt with the same industry of sport stores – and sport accessories. He agreed there were chances of mass confusion.
But he wasn’t mad at me. He was furious with his attorney…The attorney didn’t discover the existing trademark ownership. It was public information at the USPTO for years. The man had to change his logo, his letterheads, his advertizing and anything else.
He sent me some stationery, with new logo and a nice apology. You know, I felt sorry for the guy, But, like I say all the time - only you (the inventor) are the only one keeping a keen eye on everything about your product. You can’t even rely on an attorney. You know, they really are human. They do make mistakes.
To their benefit, attorneys will usually squeeze all they can from every copyright, trademark and patent you process. Contracts, License Agreements and Business sales will brag thoroughly about the value of these assets. You know they really can be considered an investment - well worth having. I mean the intellectual properties - not the attorneys.
I’m still wondering about those weasels messing with my copyrights. You think about it too.
Trademarks (Clip 14)
For an inventor a trademark is usually a word, symbol or design that identifies his product from others. But, trademarks can also be colors, smells and sounds. Owning the trademark, you can keep others from using the particular identification you’ve assumed.
You can claim ownership of a trademark by adding the familiar, small “tm” symbol near your chosen mark or word. And you can register it with the USPTO, getting publication in the “Official Gazette”.
Last time I looked, a trademark cost $325. Without opposition, the PTO will issue a certificate in about 12 weeks. . Then you can use the circled R, legally replacing the former tm mark. It can still be contested, for five years. After that, it’s all yours.
Duplicates of Trademarks do happen! The USPTO allows the same mark for “different” situations. My friend Marshajene sells her tiered in-line baby buggy under the trademark name “double-decker”. Yes, “double-decker”- the same sandwich name used by Taco Bell. But they don’t make baby buggies. That must be the difference.
Just for the heck of it, upon planning this topic I went to the USPTO and searched the two word phrase “Double Decker”. I got 46 “hits”. Some were “dead” listings. Others had extra words added - Like “Double Decker Tours”. They don’t count. But, a total of 12 were using the same two words – Double Decker. Sometimes there was special script, or an illustration along with the words.
I’m still really baffled by these two I located. Taco Bell in Irvine California wanted the trademark for sandwiches eaten on or off their premises . And a Chattanooga Tennessee bakery wanted the same words for marshmallow sandwiches. They seem similar, but probably they taste different.
You see, there really are interesting things you can discover with a Trademark search. Soon, you’ll get a real horror story about not properly searching for registered trademarks.
Copyrights (Clip 13)
Copyrights offer “protection” for creators of “original works of authorship” – including literary, musical, dramatical, and certain other intellectual works. Those certain other intellectual works are of interest to inventors - because they include game rules, instructions, artwork and other appearance features of products and packaging.
You can announce your notice of copyright by simply following proper marking procedures.
No other forms or registration is really required. It’s really simple.
Protection “automatically” begins upon creation of the work, and will last for the lifetime of the author – plus 70 years after death. Now that’s longevity of protection.
But, it’s still prudent to establish a “public record” with a Certificate of Registration from the Library of Congress. Not the USPTO. The Library of Congress – specifically, the Register of Copyrights. Go to: www.copyright.gov.
I registered my book copyright (as noted inside, with the circled C) It cost me $45to register.
Nearly anything we print we add a copyright warning, even our display cards. All our pictures, instructions and authored materials are covered by copyright.
We’ve discovered some people don’t think so. We still find our pictures, and instructions used by Spalding and Russell Corporation – and they stopped paying us some time ago.
Sure, you’ve heard some of the story. They eagerly signed our Marketing Agreement and agreed to payment terms. But, they changed their mind about paying me the “inventor residual”. They wanted it all, and sly attorneys found a “legal” way out of paying me. You might call that smart, or maybe you’ll smell a hint of excessive greed.
Man, there’s a real horror story every inventor should hear. I plan to tell it. Maybe it will get noticed by Warren Buffett or one of his underlings. I still wonder if those attorneys know anything about copyright laws.
Confidentiality - Local (Clip 12)
Here’s another tip on confidential agreements – now we’re talking about dealing with local folks.
Earlier we discussed the pleasantries (lets call them that) of dealing at a distance for finding a comfortable relation with future promise and disclosure of abilities - both ways. Dealing across the table with a possible supplier, manufacturer or other helper is much the same.
Remember that major point we covered? Qualify them as likely candidates without spilling specifics of your product. Just give enough to make certain they have no conflict with similar products or other customers. Then schedule a sit-down for face to face conversation. I prefer to trust my gut evaluation of the people I’m looking at - regardless of threatening, long winded paperwork. Their body language can reveal a lot of truth. Sometimes you get really good vibes - sometimes not so good.
For these personal meetings my simple Confidentiality Format is fine. It simply states that two parties (fill in the blanks) agree to discuss issues concerning my product. Both parties agree to confidential status of all proprietary information shared by either party. That’s it! Nothing else needs to be written. We’ll agree to honor each other’s business and each other’s word -or not.
Before my meeting I sign and date two copies - and slide them over with a brief explanation such as: “I’m here because I need help and I feel we’ll both want to talk freely, maybe about sensitive stuff. I’ve already signed this code of silence for your files and mine. ” Their name or the company is also typed, with a solid bold line for a signature. I don’t bother to ask. I just slide it over. They’ll either sign or they won’t.
Confidentiality should be a two way street. You both have secrets. And you need to share info to benefit each other. Give them the opportunity to respond favorably. Your simple unintimidating Agreement can quickly give a clue as to how your meeting will go - and whether you even want to be there - much less risk an extended relationship.
Even an interview with an unfamiliar inventor (one seeking help for his precious Great Idea) can benefit from a similar two-way Confidentiality Agreement. Hell, my secrets are just as important as his - maybe more. So, it works both ways. Each of us will keep our mouths shut. Sometimes this type of Confidential Agreements even works with those hyper-sensitive novice inventors. You know, the ones that don’t even trust their mother.
Confidentiality - Distant (Clip 11)
Confidentiality Agreements (or Non-Disclosure Agreements) were number 3 of our 9 protective devices and are more adaptable for folks you want to work with. They may have more secrets than you.
Think of Prototype people, molders, machinist or corporations you’d like to impress -with a new product. It’s nice if you already know their reputation, honesty and integrity. But, thanks to the world-wide web you’ll also solicit strangers.
To get their help they’ll have to know about you, and all about your product. Now, remember -ideas are seldom stolen. Proven products are much preferred. Why bother with an untested idea- when they can copy a proven hot product that’s flying off the shelf? Get over It! Get moving on your idea.
Dealing at a distance, your initial inquiry can describe the type of assistance your seeking with limited disclosure of your invention or product (just enough to assure they avoid any conflict with another products or customers). You want their full attention, without any concern over another product or client.
Suggest you’ll submit a signed confidential agreement (theirs or yours) for mutual agreement. Allow full disclosure of pertinent information between you both.
Don’t make it all about you…or your invention. They have secrets too. Let them know you need to pump them - for everything else they can do (their abilities and limitations). You need that info for future plans and products that will need help too.
You both should seek a lasting relation. Tell them bluntly, that you prefer to deal (and return) to familiar, comfortable sources whenever possible. They’ll get your drift. And if they want your business - if they favor attitude and appreciation papers will be signed.
But if they seem uncomfortable, then so should you. But, don’t stomp away all upset. Always remain cordial enough to keep doors open. You may have need for back-up suppliers or assistance beyond the abilities of the favored choice you finally discover. Your customers don’t want to hear relayed business problems or excuses regarding delivery delays. You must qualify competent sources through confidence...often supported by confidential information.
Our next tip will show dealing face to face during such interviews is easier. And submitting your Confidentiality Agreement will be easier too. You’ll see why in my next Inventor Videos tip.
Trade Secrets (Clip 10)
Employers have their people sign papers promising to keep Trade Secrets …secret.
They can’t blab about recipes, formulas or business techniques…not even after being fired.
Kentucky Fried chicken has their 11 herbs and spices under lock and key. Breweries don’t want their blends of barley and hops floating around.
And my wife simply warms up delicious Chip Ahoy chocolate chip cookies in the oven till they’re nice and warm (then she hides the bag). I’m not supposed to talk about it. But, that’s not a real trade secret, like the others.
Serious Trade Secrets better remain that way. One company might sue another to recover lost revenues. Jail time can face the employee who sold company secrets.
Don’t be bragging about your cut-rate material suppliers, special formulations and critical manufacturing techniques. No! You should classify them as trade secrets. They’re assets adding value to your product, your business and your reputation.
Your attorney will love to add them to any contact, license agreement of business sale….same as any other intellectual properties. You’ll be happy you kept those secrets.
Just wait till my wife hears about the cookies!
Logbook - Benefits (Clip 9)
Last time - We talked about Logbook RULES….there are also logbook BENEFITS.
Sometime, you’ll want to bounce some ideas off a friend. See what they think. This is when the rules of the logbook come into play and you benefit from detailed entries.
You might prefer having lunch with a fellow inventor and your logbook….to discuss your idea and get them to sign as a witness. A lunch setting is more relaxed than facing an office desk. Everyone’s more comfortable. Comments, suggestions and criticisms are easier to swallow between bites.
Your friend must comprehend your idea (that’s required). Only then should they sign and date as legal and supportive witness. This is serious business. They’re giving testimony that they clearly understand your idea on this date. I hope they never have to testify, but logbooks and witnesses are accepted ammunition in legal battles and court room proceeding. It does happen!
Your logbook kept tabs on who you talked to, where you went and what was discussed. It better show variations of your product…any possible improvements...and optional features. Cover all the bases…so any listener (like a strange business associate) doesn’t start thinking about their own version.
You might even ask them to sign a page. It’s not every day someone is asked to witness a real invention. They might be thrilled to sign & date. They’ll certainly remember it and be well aware that you have proof they were informed – where and when.
Now, aren’t you glad you made nice, clear, comprehensive entries! That’s the benefit of having a logbook.
Logbook - Rules (Clip 8)
Let’s talk about your logbook.
As mentioned before, Inventors use a Logbook to document dates, discoveries and ideas. We do it to record evidence of our initial thought and their progress through the inventive process. “Grab it – or forget it!” Or is that just me?
Your log book can become your memory board and a daily diary. Some entries might just grasp an idea today – for later. Future pages will chase it down – with details and descriptions. Pages may end up showing the whole evolution of a possible product.
The time and dates of entries become your evidence of your attentiveness and continuous pursuit. That’s important! And there are some other rules to follow. Yes, when aren’t there rules!
First, the book itself must be stitched bound, or built so no pages can be inserted or substituted. This supplies integrity - it can’t be tampered with.
I like to use spiral bound school notebooks. Still, you should number every page…date each entry…so your story line unfolds in timely manner. Use ink, sensible sentences, drawings and full explanation. The intent is to inform your reader, your witness or your lawyer to fully understand your idea – at least as much as you do.
It’s very likely that someday you’ll scan the pages for a forgotten idea - or something that piques your interest all over again. Give yourself a chance to stumble on it - plain as day – just waiting for you… right there in your inventor Logbook.
We’ll discuss disclosing your logbook to others in another tip.
That’s when the rules of the logbook will come into play.
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