SHOP TALK: Packing an idea? Protect it.
By Sarah Hale, Sentinel Staff Writer
February 3, 2003

For college buddies Jim Kidd and Troy Comstock, turning a scrap-paper idea into a moneymaking enterprise has been a lesson in trial and error.

The duo took nearly three years to create and manufacture a travel-accessory product, designed to ease the burden of pulling luggage. With distribution of their TravelTow finally under way, Kidd and Comstock are breathing a collective sigh of relief.

"The process was a lot harder than we thought," said Kidd, vice president of the Orlando-based TravelTow Inc.

From obtaining that first trademark to designing a prototype to finding a manufacturer, the businessmen found the conception process to be a series of baby steps and mishaps.

"It took twice as long and cost twice as much as I thought it would," Kidd said. "But I'd do it all over again."
So how should inventors and entrepreneurs hoping to introduce their products or services to the market successfully protect and launch their ideas?

Very carefully, recommends Jim Lussier, a lawyer with Mateer & Harbert P.A. Lussier, who helps businesses with confidentiality forms, copyrights and trademarks, among other things, says the most important thing to consider is protecting the idea.

"Keep it a secret," Lussier said. "Oftentimes, people don't do that. They start telling their family about the idea, sharing it with their friends on the golf course or at a bar. This puts them in a vulnerable position."

Lussier recommends that entrepreneurs protect themselves by having all concerned parties sign nondisclosure agreements, which prevents them from "stealing" the idea and making it their own. Additionally, filing for a patent or trademark would also be in their best interest.

A patent gives an inventor the exclusive privilege to make, sell or use a specific product or device for a specified period of time, according to the U.S. Patent and Trademark Office. A trademark identifies a product or the source of a product with a symbol, such as a word, number, picture or design.

The merchant with trademark rights assumes responsibility for product quality. Well-known words, such as soda or television, cannot have a trademark.

Kidd and Comstock were quick to realize the importance of protecting their product -- a rotating handle that attaches to wheeled luggage, making it easier and more ergonomic to navigate. Until they received a patent for the product, the two had more than 130 people sign nondisclosure agreements.

They had designed a prototype and were shopping it around looking for feedback, financing and tips. Additionally, Kidd began an informal marketing survey of 100 people to see what they thought of the product, making most of them sign the forms.

"It was instinctive to want to protect ourselves," Kidd said. "I think entrepreneurs generally tend to be a little paranoid."
Before you spend the cash on a lawyer to help ease the paperwork of filing for a patent or trademark, search the Patent and Trademark Office online database at www.uspto.gov to see if anyone already has rights to something similar.

Keep in mind that patents and trademarks aren't cheap. The application process can cost between $10,000 and $20,000 for a patent and up to $1,500 for a trademark, Lussier said.

Once the idea is protected -- first with nondisclosure agreements and then with something more official -- feel free to shop around for designers, manufacturers and financial investors.

Start by asking friends, former colleagues and family for any tips they may have. Kidd and Comstock set up a meeting with a manufacturer in Michigan thanks to a tip from an acquaintance. Comstock also tracked down a design firm in Ohio because of a friend's recommendation.

"I always had the prototype with me," Kidd said. "You never know who you're going to run into."

Kidd also recommended that you not be afraid to knock on doors. Eventually, he and Comstock would like to sell TravelTows at specialty stores or discount chains, but getting there takes time and determination. For now, they're distributing the project via their Web site, www.traveltow.com, and through a couple of appearances on QVC, the television-shopping channel.

"The process has been an enormous test of patience," he said. "It's about using your resources, networking and staying positive."

Sarah Hale can be reached at shale@orlandosentinel.com or 407-420-5718.

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