Two things the agent/licensee for my consumer product invention insisted on were that I actually have a patent application pending before we claim it on the box as ‘Patent Pending’, and to make absolutely sure the product’s name did not infringe on any trademarks. The problem with trademarks is they can be ‘obtained’ simply by being the first-to-use and they don’t necessarily have to be registered in the USPTO. But the biggest problem of all arises when a new product gets threatened by a large corporation (with huge sums of money and vast legal resources!) because the product’s name somehow infringes on an existing trademark. Anybody can say what they will about patent and trademark attorneys, but you better know that it’s their game when it comes to deciding what can and can’t be done. So two strikes against a new product are that there is usually very little money available to get started let alone defend something that’s even slightly questionable in a court of law, and the second thing is you will not get investment assistance, venture capital or otherwise, if they know your product has been threatened by one of the big guys! Money makes money and you don’t need an attorney to tell you that!

Yes, we saw it. I like the look :)

I just saw this bowl that looks similar to yours and is being sold in SkyMall catalog. Thought you’d be interested in seeing it.

http://www.gadling.com/2011/11/21/skymall-monda...

I think s/he is an ignorant arrogant. No arrogance is ever earned. Much less justified. And in this case much less.

S/he is wrong, in claiming rights over the letter K. I’m writing a letter to Sesame street right now. I’m serious about this.

It is not about being around the block. It is about reading. Learning. Thinking. Questioning.

Best of luck with your Krunch Bowl.

Wow! developer, for not being a lawyer you sound like “you have been around the block”. Well, I would say he earned his arrogance. We haven’t earned anything, that’s why we are ignorant (in this case)

I am not a patent attorney either, but I do not blindly, automatically embrace any patent attorney’s opinion either.

I have disagreed with patent attorneys in the past. I am very glad indeed that I have disagreed with patent attorneys in the past. I am very sure that many independent inventors have been victimized by inadequate opinions by patent attorneys. Both ways: Assuring that something is patentaqble when it is not, and assuring that something is NOT patentable when it is.

And then, there is that other thing many of them do: Encourage the invventor to file for a design patent, when the invention merits a utility patent. This is MALPRACTICE, as the design patent, once published will prevent a utility patent.

All of this with impunity, as there seems to be no instrument to police ethical and competent patent law practice.

We all can also be a victim of these ‘opinions’ when one of our projects is submitted to a prospective licensee and the executives send it to their attorney and s/he sees this apparent ‘similarity’ and then, rushes to conclude: Not patentable. The tragedy is that the executive people will never question her/his cavalier opinion. He is the guy who makes the big bucks because he ‘knows’. (There are of course many cases where they are right after an in-depth analysis of the invention in light of the prior art. But I know that is not always the case. I know this.)

Utility patentability is all in the details. All in the execution. All in the structure. If the notion that it does the same thing, or it looks similar, or it has the same number of parts will preclude patentability, many of the most commercially succesful patented products would have not been.

Henry Phillips would have never had a chance with his screw head and screw driver system in light of flat head screwdrivers. Essentially a one piece rod mounted on a handle, to drive and extract screws.

Speaking of screws; by definition a ‘screw’ is a one piece/one part fastener. Oh… no, you can’t patent that. A threaded one piece fastener? Are you crazy? Yet, as of today (Google search), there are 26,400 patents issued with “Screw” in the title. I wished I knew how to search for only the word “Screw” in the title. I know this 26,400 number is grossly skewed as many of them do not relate to the screw but just something related to the screw. But still is a pretty meaningful reference.

So, the fact that there is another bowl that keeps milk and cereal separate until the time of consumption does not necessarily mean that Krunch Bowl is not patentable. Or that it infringes on an earlier bowl. Or that a later bowl will automatically be an infringer if Krunch Bowl is patented.

Kellogg’s or anybody can send any letter requesting anything. What is important is how rightful that request is. They have no legitimate right to dictate how you wnat to spell the name of your product as long as such spelling does not create a confusion about the identity of the marks in the mind of the consumer.

See? That letter was written by an atttorney. The arrogance!

I am not an attorney or agent.

Hola Eduardo! Both my parents are from Mexico. I would love to get some business going on in that area so we can visit family more often. In due time and funds, of course. I’m not offended at all. Dollar stores are one of the avenues.

Hi Patty & Terry, You guys have the potential tools in your hands:Patent,Manufactured Mold and product name done. I think this idea is perfect for dollars store not offences. bring your mold to mexico they can produce your product or find a retailer work with dollars stores. in my area dollar store have a ASOTV items.why you can’t do the same.

Good luck

Patty & Terry

I’m sure you know that a utility patent is generally considered stronger than a design patent so with that in mind, perhaps you might think of a modification that would make your bowl unique and hence allow it to stand out more? For example, it might be fairly simple to create an attachable container for the milk that works something like a pump bottle that dispenses things like soap. That’s probably never been done before and could end being a huge draw for kids and adults like me who have never really grown up!

Our patent lawyer tried both ways…we were able to get the design patent. We were going to continue with utility. Decided to wait due to funds.
Plus, Mr. Zohn is dealing with his second bout with cancer. I’m sure this would be the last thing he wants to deal with.

We just want to give the Crunch Bowl a good home, so people young and old can enjoy a nice bowl of crunchy cereal without rushing :)

Does the ez bowl infringe on yours then? They look like they have the same utility approach to keep the cereal and milk separate. I’m not a lawyer, but unless it’s a design patent…I would think they’re infringing.

It was patented in 2001. Yes, they “an ASOTV” company and Telebrands have told us that “there is another like it”. Well…“there is more than one way to skin a cat”. The first thing I thought when I saw the ez bowl, it looks like a dog bowl. I’m glad THEY said it out loud. I don’t like to put anyone’s idea down. I’m sure he worked hard to make it what it is. Anywhoo….ours targets the kid in all of us.
It is not being manufactured at this time. Crazy story…We had a the mold at a manufacturing company. We had not checked in for about 2 years. We called to see how they were doing. They told us,“Everything is being auctioned in two days, come and get what belongs to you”. Now it sits in our garage.

All your insights are stepping stones in our journey..Thanks!

Margaret is correct because I recall seeing that episode as well. Although I also recall that when the prototype was shown to several potential buyers of the product, they all seemed to think it resembled a dog’s bowl!

It is a great idea Patty & Terry. But I do recall seeing a similar bowl on Pitchmen a few years ago. One of the contestants from Survivor, Ethan Zohn, was on the show pitching his EZ Crunch Bowl. Telebrands did bring it to market. It’s probably not doing well in the ASOTV realm because, even though they are slightly different, an ASOTV company is already selling this product.

http://www.ezcrunchbowl.com/index.php?page=14

How long ago did you invent and patent yours?

Oh sorry, I thought they were already manufacturing this product…

If I’m not mistaken, Beadle, the Potpourri Group accepts only
ready for retail (warehoused/packaged) products…. they do
not manufacture.

Patty & Terry

Check out the Potpourri Group:

potpourrigroup[dot]com

They have multiple catalogs and your product could be a good fit for at least one of them…

Thanks for the input and support. It means so much to us :)

Hope everyone has a safe and happy New Year!!

It’s a wonderful product, and that’s what matters! Love it! :-)

@my last post: Oops, my bad..Nestle does spell it “Crunch Bar” however they do have a cereal called “KoKo Krunch”?

Patty/Terry:

I’m still learning the ropes here at Edison Nation but curious and wondering if maybe Kellogg’s didn’t really have an issue with the letter K (your product/trademark filing was listed under household good as opposed to a food item?) but was more involved with the fact that you are showing/depicting their Froot Loops product in your ads? Maybe an expert will weigh in here…(Nestle has the Krunch Bar??)

Hope you’re still in the Licensing Fund with your Krunch Bowl…having the EN team behind you with this would be a great thing! Good Luck to you!

I don’t think we mind using the letter C.

The letters on packaging had each letter in a different color. The K was red. We are thinking that was their “beef”. I would post a pic here, but can’t figure it out. I’ll see if I can post on my blog.

I am not saying that … i have not looked into it, but consider the word Apple and the trademark Apple for computers.

Maybe we could help Patty & Terry come up with a new name. Hmmmm… Crispy Bowl? I dunno, kinda beat from skiing today, the mind is gettin’ dull….

Jayme

Are you saying they trademarked the word “krunch”? I didn’t think you could trademark a word but then again, it’s by no means my field of expertise…

Beadlerock,

Kellog has already opposed the mark at the TTAB. They spent money to make sure Yesyesyes’ mark with the “K” did not become registered. This is why it is so important to clear a mark before investing money into it. I can assure that Kellog has deep pockets and will protect its IP.

Just my humble opinion, but I would go back to using the K and call kellog’s bluff. I don’t think would sue and if they did, I don’t think they would have a case. Also, I recently heard about Popourri Products which has multiple catalogs. That product may be a good fot for one of them. Good luck!!

Thanks, Stephanie! I will look into Matchproduct. :)

Sorry, I was talking about “posting the link” and exposing my hurt feelings…that’s all.

What specifically are you asking? The title says “Am I allowed to do this” ..not sure what “this” is. As far as the Kellogs issue goes, it looks like you were opposed at the PTO and you did not answer the opposition.

http://www.matchproduct.com/Home/HowItWorks

How about this place? I just saw them through the EN blog this morning. I don’t know anything about them, but figured if they were off the EN blog, that they were on the up and up.

Kellog was not interested and sent the letter “asking” us to change our spelling. The others don’t infringe on the patent.

You have a patent and others are making it? Are they doing it legally by ways around your patent or are they infringing? Have you asked Kellog if they had an interest in it?

YouTube link

http://youtu.be/SyQ6sTUbYUM