As I wrote a while ago here in my blog about the Twitter squatter who was trying to extort StartupNation, there are definitely systems in place at the social media companies that support ethical companies and certainly intellectual property rights of individuals and companies. Twitter worked on our behalf to wrestle away the /startupnation account for us given that it was a registered trademark owned by our business and was obviously strategic to us as well as a source of confusion in the marketplace under the squatter’s control. They quickly moved the account into our control.

Now through the encouragement of Daliah Saper of Saper Law, we’ve done the same thing at Facebook. In less than 24 hours, by following their simple, clear instructions, we were able to pull www.facebook.com/startupnation away from the squatter and now have that username as our own, appropriately so.

Here’s the simple, step-by-step process we followed in case you have a squatter issue and/or trademark issue as it relates to a Facebook username:

1. Go to the bottom of any Facebook page. Click on the link called “Terms.”
   For your convenience, that link is here.
2. Scroll down to #5, “Protecting Other People’s Rights,” and select “How to Report Claims of Intellectual Property Infringement”.
   For your convenience that link is here.
3. For copyright infringement, scroll down to “How to report claims of copyright infringement by users” and select the link.
   For your convenience, that link is here.
4. For trademark (or other intellectual property concerns), which was what applied to our situation given our registered trademark for StartupNation that the squatter was unethically using for their benefit, scroll down to “How to report other claims of intellectual property infringement by users” and select the link.
   For your convenience, that link is here.

We are always looking out for you and hope that you find similar success and satisfaction in the process, which is set up and well enforced by Facebook.

We hope that you can soon make your own blog entry titled, “Me 1, Facebook Squatter 0″!

Rich

If you want exposure to thousands of industry professional looking for new products and the opportunity to learn from industry experts, YES…you should consider exhibiting at this show.

The trend in National Tradeshows is to include a “micro tradeshow” for inventors within the overall tradeshow.  This offers a huge benefit to independent inventors by allowing them to exhibit in the inventor areas for a fraction of the cost of the main show while providing mass exposure to all the companies at the tradeshow.  The inventor areas have become a destination for companies to see many inventions in one location.  My company, InventionHome, sponsors the National Hardware Show’s Inventors Spotlight and we highly recommend it.  This year’s Inventors Spotlight will feature a free Inventor Education Seminar with a variety of expert speakers including Mr. Dave Kappos, the head of the US Patent & Trademark Office.

What you need
What do you need in place to exhibit at a tradeshow?  I would strongly recommend that you have a patent application on file with the USPTO, either a provisional or non-provisional application, before exhibiting.  You will also need a good demonstrable prototype or finished product presentation for buyers to evaluate.

National Hardware Show (Las Vegas Convention Center / May 10 – 12)
The National Hardware Show is a housing after-market show that brings together manufacturers and resellers of all products used to remodel, repair, maintain and decorate the home and garden. This show attracts a worldwide audience of more than 27,000 industry professionals in over 150 product categories.

Sign up for a booth at the National Hardware Show’s Inventors Spotlight
Contact my good friend Cheryl Fishbone-Todaro at Reed Expo to reserve your booth — 203.840.5444 or CFishbone@reedexpo.com

If you’re not ready to exhibit at a tradeshow on your own and need help with your invention, request information from InventionHome directly on the StartUpNation.com website
Click To Request Info.

For access to a great online tradeshow where you can list your innovative product for FREE go to www.matchproduct.com.

http://mvelette.wordpress.com/

http://www.facebook.com/invention.home

http://twitter.com/Inventionhome

http://www.inventionhome.blogspot.com/

Here are 5 key benefits of filing a provisional patent application before filing a utility patent application.

1. Lower cost

A provisional patent application can often times be prepared and filed for less than $600, where the preparation and filing of a typical utility application can cost $5,000 and up, depending on the complexity of the invention.

2. Easy to file

The application and process is significantly less complex than a utility application and can even be done by inventors themselves if they take the time to understand how to complete a thorough application. 

3. Immediate “patent pending” status

Since the patent office does not review or approve provisional patent applications, inventors can immediately use the term “patent-pending” once the application has been filed.

4. Provides 12 months before a utility patent would need to be filed

Although the provisional patent application is not a substitute for ultimately filing a non-provisional patent application, it provides the inventor with 12 months of valuable time to further develop or market the invention.  Why spend thousands on filing a utility application only to realize later that you need to make changes to your invention or that your invention is not going to sell/license.  You can use the 12 months to figure out if this expense is worth while or if you do find a company to enter into a license agreement with you, try to negotiate for the company to cover some or all of the cost of filing a utility patent.

5. Establishes priority date

Once your application has been filed, you have established a priority date for your patent.  This means that when and if you file a utility application, you will be able to claim the original provisional filing date.

It’s important to understand that even if you file a provisional patent application, you will still need to file a non-provisional application down the road if you wish to maintain patent protection. Think of the provisional patent application as a possible step in the patent process, but not the final step.

The provisional patent application establishes the filing date but does not start the USPTO review process.  The provisional patent application provides a measure of protection for 12 months from the filing date and expires unless you file a utility patent application before the 12 months are up. 

Whichever direction you ultimately decide, remember that research and self-education are invaluable to your success not only at this beginning stage, but also as you progress in the process of inventing.

For Help With Your Invention or Patent - Click Here

Additional info:

• http://inventionhome.wordpress.com/
• http://inventionhome.wordpress.com/
• http://mvelette.wordpress.com/

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Kathy and I have been working on her manufacturing project for one year now, and her shipment of Kapelli ear covers has finally landed here in the USA. Kathy, being the very savvy business woman she is, went to work immediately putting together the team she would need to take her product to the next level, and boy is this product moving……

In any business, you must always have the team to help a product successfully move through the maze and on to the next level. All entrepreneurs experience this, and luckily Kathy sought out the the right people to help her form the start.

First- she hired an experienced manufacturing agent (myself) to get her program done with trusted factories overseas.

Second- She hired a very talented PR person, who is well connected. She hired Erin Saxton of the Idea Network, who is a new product PR expert. Visit her at http://www.theideanetwork.net/. Erin assisted Kathy with her pitch,  she has all the right connections, and bang, Kathy has the TODAY Show! You have to love the power of alignments!

Third- She is collaborating with retail product placement experts to show buyers this item, with high expectations that the product will have retail placement nationwide in mass retailers.

Fourth- and most importantly- Kathy is prepared to take this type of phenomenal TV opportunity and exploit it for as long as she can. She needs to do this because opportunities like this do NOT come along often, and she needs to ride the way for as long as she can for additional exposure.

When you are looking to get your item on a national TV show, partner with the industry experts to help you. It saves time and money in the long run, believe me. Producers use trusted agents to get them products and show ideas, they depend on it daily. Any good agent is worth their weight in GOLD!

The result, the product will appear as a guest host promo item tomorrow morning with Kathy Lee Gifford!

Always ream Big!

Kim Babjak

As autumn approaches, so does the season for savory “comfort foods” and holiday baking.  As you begin to pull out those spices from the back of the cupboard, spices like chili powder, oregano, nutmeg and cinnamon, consider how great it would be to have a convenient spice rack to both simplify storage and keep those frequently-used seasonings within easy reach.  Well, there is now such a product.  I am very proud to introduce the “Magic Spicer”!

This clever storage device mounts underneath kitchen cabinets with durable double-sided tape (no tools needed!).  Six embedded magnets in the track keep the transparent jars neatly aligned.  Best of all, the lid of each jar can be adjusted to desired aperture size, then no more screwing the lids on/off.  Just place the “open” jar into the self-sealing track and that’s it!  Truly one-handed convenience. 

See video demo for more info:  http://www.youtube.com/watch?v=bVWbBVvBaW4

Inventor Simon Sunatori is seeking license and/or distribution opportunities for his invention and he has enlisted the help of our company, InventionHome.  If you’d like to learn about the steps of licensing your own invention, feel free to request information right here at StartupNation – Click to Request.

For more information about Invention Home you can visit the following websites - http://inventionhome.wordpress.com/, http://twitter.com/inventionhome, http://inventionhome.blogspot.com/, http://mvelette.wordpress.com/, http://www.facebook.com/invention.home

http://www.prnewswire.com/news-releases/inventionhome-launches-north-american-product-innovation-network-sm-99484469.html

No, the invention of the month is not the girl in the bikini; it is the clever floating bookstand she’s using to read in the hot tub!

Each month, I like to provide the StartUpNation inventor community with one invention that seems to catch people’s attention, whether it’s the creative nature and uniqueness of the invention or the “girl in bikini” approach used to promote the invention.  Either way, it’s always fun to see what other creative folks are inventing. 

This month, as temperatures across the United States rise for the month of August, many of us seek refuge from the heat by hitting the pool.  This handy device enables you combine your dip in the pool with the relaxation of a good book or magazine.  It’s called the Floating Bookstand, and comes from inventor Eric Paton.  This floating platform consists of a floating base, backrest and ledge to hold your reading material, and also has a feature to hold your book open for hands-free use.   

Eric is seeking a licensee for his patented invention, and he has enlisted the help of our company, InventionHome.  If you’d like to learn about the steps of licensing your own invention, feel free to request information right here at StartupNation – Click to Request.

Stay cool!

For more information about Invention Home you can visit the following websites - http://inventionhome.wordpress.com/, http://twitter.com/inventionhome, http://inventionhome.blogspot.com/, http://mvelette.wordpress.com/, http://www.facebook.com/invention.home

http://www.prnewswire.com/news-releases/inventionhome-launches-north-american-product-innovation-network-sm-99484469.html

This one is especially for the ladies, because I think this is an epidemic issue with us.  But men, you are warmly welcome here!  I hope everyone gets something from this post….read on!

There are so many programs out there that talk about marketing, sales, Social Media, finding your bliss, etc….  All of these things are really important to be sure, but there is one area of launching a business that is so critical that is can be the difference between long term success or, well….at the risk of sounding dramatic…losing everything.  And amazingly, it routinely gets skipped, shortchanged or ignored.  That one critical step is creating a solid legal foundation for your business.

I think it gets overlooked for three main reasons:

First, it is pretty intimidating to think about, especially when you are new in business or don’t have experience with the legal side of running a business.  Most of us avoid what we don’t feel comfortable with, and this is no exception.

Second, I think we not only feel intimidated, but we feel scared often when talking about lawyer stuff.  For most of us, this is outside of our comfort zone and we don’t know what we don’t know.  Plus, the idea of hiring lawyer, someone who does know, is scary in and of itself, and it threatens to be an expensive process.  For many startups or small businesses, it seems like an expense that can’t be justified.

Third, I think the process of getting your legal foundation in place gets overlooked or put off because it is, well, just plain boring.  It is so much more fun to think about the creative side of launching a business, especially when you are doing something you feel passionate about.  I know that legal issues can be pretty dry - enough to make most people’s eyes glaze over.   It certainly doesn’t feel sexy or exciting.

Or is it?  Actually, while the process of getting your legal foundation in place might not be the most fun you have ever had, the act of it is incredibly sexy, smart and exciting.

Why?  Because the point of getting your legal house in order is that it frees you up to then get on with the fun part of running a business.  You will have the peace of mind that you have done all you can to protect your hard work.  Peace of mind is the best food for creativity, and it gives you mental and emotional freedom to take your business to the next level and to focus on what you love to do and what you are best at.  By taking the time to focus on it, you are making the choice to be smart, and to honor yourself, honor your gifts and honor your hard work.   I’d say that is pretty sexy!

For more information on how to get your legal foundation in order easily and without hiring an expensive business lawyer, visit http://www.businessbrillianceuniversity.com.

To begin, let me step back and explain what I mean by “royalty deal”, which is more commonly referred to as a Licensing Agreement.

If you aspire to earn royalties from your invention, then the typical arrangement would be to secure a License Agreement with an interested company. A License Agreement is the legal document between an inventor [licensor] and a third party [licensee] which defines specific terms by which the licensee can commercially use the licensor’s invention. Among other things, the Agreement will define a time period, royalty rate, payment schedule, cash advance, minimum annual payments, etc. As a result of the Agreement, the inventor may receive an ongoing payment calculated as a percentage of sales (called a “royalty”), or a one-time lump-sum payment.

Another option would be for an inventor to assign his rights, which is essentially the process of transferring or selling ownership in the invention/patent. The inventor may receive a lump sum payment or a series of payments. The difference between a “license” and “assignment” is in the transfer of rights. With a license, the inventor retains rights, like “renting” the patent, and with an assignment they transfer their rights (i.e., sell it).

In addition to having a good idea there are other considerations when preparing your invention for license, such as intellectual property protection (i.e.: patent, trademark or copyright), development and presentation.

It is important to understand that manufacturing your idea is NOT a requirement to license your invention for royalties. Many inventors believe that they need to setup manufacturing to pursue their inventions, which is not true. If your goal is to license your invention for royalties, I would not advise going down the path of setting up manufacturing capabilities. Assuming you have a good invention to start, you can approach companies about licensing your invention with a patent application filed, a prototype or design in place and a reasonably good presentation on why they should license your invention.

In summary, it is very possible to license a good invention for royalties. My company, InventionHome has completed over 100 marketing/license agreements and we’re seeing tremendous interest in new and innovative products.

For help licensing an invention, Click to request a free information package.

For more invention blogging - InventionHome Blog

Click for invention of the week

Here are the two logos at issue:

Apparently, Jimmy has a great sense of humor and set up his company to sell some t-shirts and hopefully raise money to cover his college tuition (he did end up raising something like $100,000, according to Hurst). I love this disclaimer on his website:

We are not in any fashion related to nor do we want to be confused with The North Face Apparel Corp. or its products sold under “The North Face” brand. If you are unable to discern the difference between a face and a butt, we encourage you to buy North Face products.

(Sound of author trying to compose herself after period of robust laughter)

Anyhoo….long story short, management at The North Face failed to see the humor in this situation (or apparently the difference between a face and a…. bottom) and actually slapped Winkelmann with an expensive trademark infringement lawsuit.

Hurst’s post does a great job of analyzing what the North Face would have to establish to prevail on their claim (something Hurst doesn’t think they will succeed in doing – and I agree with him).

But this does bring up a couple of really important points for those of us launching and running businesses.

(1)  Don’t Use A Name That Is Already In Use!

When you are choosing a name and logo for your company, make sure to research whether that name is in use already (particularly in the industry that your company will be in) and make sure you do not create a logo that looks like one from another company (as best as you can determine). You need to search your state records for names (usually the Secretary of State’s office will have the ability to search LLCs and Corporations in your state;  also search any other state in which you plan to do business now or in the future).  Also search national records, such as the TESS at the US Patent and Trademark office. I also recommend doing a Google search for the name to see if the domain is taken (or any variation of it) and to see if anyone is already using that word or combination of words for their business already.

Right or wrong, big companies generally are not shy about enforcing their trademarks (as you can see in the North Face case) and you don’t want to end up getting a cease and desist letter from an in-house legal department just after you spent your last red-cent having your logo and branding designed.

If your name or logo could cause confusion between your company and one with an already established trademark, you could be found to be infringing on their trademark. If you are, you could be forced to change your name, logo, packaging and anything else that uses the infringing mark. If you have any market traction already, you would then have to rebuild your brand and lose the work already put into marketing the infringing name/brand/logo. Add to that potential money damages and attorneys fees, and not doing your homework about your trademarks becomes an expensive (and potentially fatal) detour for your business.

(2)  Protect Your Own Trademarks!!

Once you are sure you aren’t at risk of infringing on someone else’s trademarks, make sure that you have properly trademarked your own logo, tag lines and even product names and packaging so that you have the ability to protect your intellectual property and branding if someone does attempt to infringe on your trademark in the future.

Generally, “use” of the trademark itself does give you some protection (use the ™ symbol as soon as you start using anything you want trademarked). That means, always include the symbol on your website, on all of your advertising, correspondence/emails with customers, and written materials at a minimum.

But the best way to protect yourself if to file with the US Patent and Trademark Office in order to have a “registered” trademark (at which point you use the symbol ®).

Of course, I recommend hiring a good lawyer for this, as the paperwork can be tricky and you want to make sure it is done right. However, there are services out there that can help you file your own paperwork, such as Legal Zoom, so you have that less expensive option.

Just don’t decide to NOT trademark your branding. That could be an expensive mistake if someone else decides to use your name, logo or a variation of your logo (deliberately or without knowledge of yours). If you don’t have a registered trademark, you might not be able to stop them from using it, you will have less protection under the law to go after them, and might even lose your right to use your own name or logo in the future.

I’ve glossed over this because it is really fairly complicated subject, so make sure you find someone knowledgeable in trademarks to help you navigate this process.  (And now for the required disclaimer:  this post is NOT intended to give legal advice, so seek your own independent counsel for that!)

And if you have any experience with trademarks for your business (positive or negative), or questions, we want to hear from you so make sure to post a comment below!

You can read all of Hurst’s post at the link below.

http://intellectual-property.kmklaw.com/Trademark-Parody

 The fastest ways to bring your product to market is to get it on QVC!

 The best, and fastest, way to do that is hire a QVC agent!

What is a QVC Agent?

A QVC Agent is an independent person, or group, that can get your product or new invention in front of a QVC buyer. The way they work is similar to traditional Manufacturer’s Representatives that present product to store buyers.

QVC Agents work on commissions so they only make money when your product gets on-air and sells. QVC Agents are fully independent and are not employed by QVC, but they do have the key relationships with buyers at QVC and are often relied on by those buyers to bring them great new and interesting products.

QVC is the number ONE home shopping channel in the world. It reaches over 160 million viewers globally, and is one of the fastest ways to get your product in front of ready to buy consumers.

Why Use an Agent to Present Your Product to QVC?

QVC Agents understand what makes for a successful product and they have relationships with buyers that often count on them to screen products for them, bringing them only the ones that have a high chance of success.

Just as importantly, QVC Agents understand the internal pricing structure and know how to position your product for the maximum amount, and still hit a target retail price. For this reason, a good Agent will earn their commissions by getting your product seen by millions!

How do QVC Agents Get Paid?

An agent gets paid by receiving a commission of the wholesale price for each unit that is sold on QVC. Example: you sell your product to QVC for $10 wholesale, and they sell it to their customer for $20. The agent receives a commission on the $10 wholesale price. A typical agent commission is 10-15%.

A good agent knows the pricing formula that QVC uses to create its on-air retail prices and can advise you on the right pricing structure to ensure you get accepted by QVC, then make sure the product sells well at a good, reasonable price.

How do I Find a Good Agent to Present My Product to QVC?

The best way to find an agent is research and word of mouth. Google “QVC Agent” and research who is out in the market. You want a dependable and well connected agent to present your product because statistically, submitting a product online is a black hole. Because QVC is inundated with product submission, the chances of hearing back from QVC are very, very small. A well connected agent can get your item right to the buyers and decision makers. Another great way is to attend tradeshows, where all agents secretly roam looking for items to present to TV. QVC gets over 2000+ submission a day for product reviews. This is a staggering amount and most products get lost in the shuffle.

Kim Babjak is owner of Kimco, LLC, helping companies get their products seen by millions through mass retailers such as Wal-Mart and QVC. As an expert in consumer product design and development, manufacturing and prototyping, and retail product placement KimCo LLC helps companies develop “Mind to Market” strategies. Read Kim’s blog on StartupNation.

Watch Kim on The Big Idea Show http://www.youtube.com/watch?v=te1SjoA6VNo