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   Author  Topic: Creative Idea $$$  (Read 2812 times)
Billy Boy
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Creative Idea $$$
« on: May 18th, 2005, 11:41am »
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Hi, I am new to the forum. Glad to see a place like this exist.
 
I had a thought one day while on my tour of duty,  
I followed that thought to it's destination in which led me to an innovative idea. I nurtured that idea and found myself with a big challenge ahead of me, to bring that idea to life!  
 
I knew the challenge was there for a reason, it meant for my idea to come to life I needed to have a good imagination be creative have the proper tools and the skills and commitment to get the job done.
 
I DID IT! I am still puzzled as to why I was so indulged in this type of work, but then I realized it was a PASSION that I had since childhood and I believe it's come back to haunt me now because it is the right time to follow it to big and better things in life.  
 
I believe everything is an asset, and when you have a creative talented way to harness those assets through a creation of something that is fulfilling to others and satisfies someones emotions it can lead to big things.
 
Is This Considered A Trade Mark Secret?
Thank You For Reading.
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JimIvey
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Re: Creative Idea $$$
« Reply #1 on: May 23rd, 2005, 7:26pm »
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on May 18th, 2005, 11:41am, Billy Boy wrote:
Is This Considered A Trade Mark Secret?

By "This" do you mean the thing you made?  or that "everything is an asset?"  
 
A trade secret has two primary components:  1.  It's secret.  2.  It has business value.
 
If you showed your thing to lots of people and they didn't promise to keep it secret, it's not a trade secret.  If you didn't show it around and it has value, it's a trade secret and you can take steps to keep it that way.
 
While you might argue that a life philosophy has business value, it's quite likely that a court would disagree.  Plus, you just posted your "everything is an asset" philosophy here, so it's not a secret.  That's not a trade secret.
 
I hope that helps.
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James D. Ivey
Law Offices of James D. Ivey
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Billy Boy
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Re: Creative Idea $$$
« Reply #2 on: May 25th, 2005, 1:16pm »
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Thanx Jim Ivey, for your response.  
It definitely clarified a few things.
 
I was referring to the thing I made. But was only able to create it because of my philosophy of believing that everything is an asset. I now know it's not a trade secret, because I have shown my product to others.
 
The few that have seen my product, instantly ask  
"can you create one for me?" and they are willing to pay me. I have done some research and found that there are others doing this type of work. From what I understand you only need to be 10% different than your competitor to get the customers. I think If you sell a product to someone and that person is very pleased, than you can sell a million more.  
 
I even went down to (SCORE) and they were very impressed, the agent actually said if he could show it to the rest of the agents. He said it could be big if I went about it the right way. The thing is I am not trying to get free advise, I just don't know who to turn to or where to start as far as
patents,copyrights,attorneys,licensing etc.  
 
It's all to confusing. But what keeps me clinging to this is the compliments from ordinary and professional people.  
 
Perhaps I should be in a different forum!
 
Thanx Again.
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JSonnabend
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Re: Creative Idea $$$
« Reply #3 on: May 26th, 2005, 6:49am »
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You may wish to speak directly to a patent attorney (like Jim, Isaac, myself and others here) to explore possible patent protection for your product.  Beyond that, proper product branding may differentiate your product from competing products in the marketplace.  
 
Any qualified IP attorney can help you establish a cost effective, comprehensive product strategy.
 
Disregard the 10% rule.  It's drivel.
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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JSonnabend@SonnabendLaw.com
JimIvey
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Re: Creative Idea $$$
« Reply #4 on: May 26th, 2005, 11:14am »
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Again, Jeff's correct.  IP should be approached from a carefully crafted comprehensive strategy.  Oftentimes, multiple types of IP (Intellectual Property) can be applied to the same product/service -- or at least to various aspects thereof.
 
One thing that comes to mind is patents -- they generally apply to products, even if they're not secret anymore.  And, your "everything is an asset" philosophy suggests that you found value in something that was not valued by others -- perhaps a new and non-obvious use of a known, conventional thing.  And, that's patentable (but we have to prove the non-obvious aspect of it).
 
I have a longer answer for the question "I have an idea that's worth millions.  Now what?"  To save time and effort, I typed it up here:
 
http://www.isrlaw.com/inventorFAQ.html#1
 
Since you've shown your product around (presumably without an NDA, Non-Disclosure Agreement), you should also be aware of some timing issues:
 
http://www.isrlaw.com/patentFAQ.html#1
 
I hope that helps.
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James D. Ivey
Law Offices of James D. Ivey
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