• They both started as product designs.
• They both were protected using intellectual property.
• They both turned into iconic brands.

How did they do it? Well, of course, each has its own interesting origin story, but what they both did right was they owned what they came up with and then protected the intellectual property associated with their creations. From there, they were able to leverage what they had into amazingly successful brands.

LEGO started as a toy brick and continued over the years to expand into a brand that includes playsets, figures, electronic games, theme parks, movies and so much more. Rubik’s Cube was a cube puzzle toy that expanded over the years into numerous other types of games, puzzles, key chains and even competitions.

All of this expansion came through having the vision to see beyond the initial idea, but more importantly, the proper steps were taken to protect and defend their visions. This gave them the foundation to be able to manufacture, license and otherwise commercialise what they came up with.

Think of it… Thousands of products, services and experiences all stemming from one toy design. It’s mind boggling. What inventor wouldn’t want that?!

When you are creating a product, you are probably just excited at the possibility to bring it to life but THINK BIG! Although not every brand makes it to the level of success that LEGO or Rubik’s Cube has achieved, without proper product protection your odds are that much lower that you’ll never get off the ground.

Are you dreaming of how your product or brand can turn into an empire? Then you need to set your foundation just like they did. In order to pave your road to profit – after all, you want to achieve financial freedom and create impact in the world – you need to at least start out with the following:

OWNERSHIP*: The key to being able to protect and monetise your idea is to make sure you OWN it. I can’t emphasise this enough. If you do not own the product, brand, design (whatever it is) then you do not control it. If you do not control it, then you cannot sell, license or otherwise monetise it. Ownership is the foundation on which you can build your empire because owning the underlying concept or design means that you can expand into other categories of goods and services.

*As a reminder, ownership comes from ensuring that you came up with the idea and have created everything associated with your idea, or you have something legally sufficient in writing that explicitly gives you ownership of what someone else has created for or with you.

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INTELLECTUAL PROPERTY PROTECTION*: Actually protecting your design (using patents and copyrights) and brand (using trademarks) allows you to create a foothold that gives you a head start and the edge to work towards your goal of getting your product into the marketplace with the best chance that others won’t steal or copy it. Having intellectual property protection makes it easier to enforce your product and makes it easier to get deals and make money.

*Protectability of intellectual property is a separate issue. The goal is to create something that is unique, stands out in the marketplace and is protectible either under patent, trademark or copyright law.

Think of it this way… Owning and protecting what you have created can be the basis for your success and lead to a world of opportunities. So, don’t stop at your initial idea.

Maybe you’ve come up with a game and created some interesting characters. Sure, you want to legally protect the game, but what about the characters? Can you incorporate them into a storyline? Maybe you can create storybooks? And maybe those storybooks will be sold with toy figures? And maybe those characters can turn into an animated series… It goes on and on.

Let your imagination run wild. That’s the beauty of intellectual property protection – you can create one thing and build it into an empire (if you plan and protect properly, of course).

Remember that protection is never 100%, but without taking these steps, you leave the door wide open for anyone and everyone. Protecting your product using patents, trademarks, copyrights (and even trade secrets – think of Coca Cola) gives you the presumption of ownership, puts others on notice and gives you the opportunity to enjoy the rewards of your hard work.

Wishing you much success in building your empire! You got this!

Stephanie.

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Our Protect for Success course can help you figure out what intellectual property you have, whether you own your idea & what to look out for in your contracts. Get the edge. Click on the banner above to learn more.

Disclaimer: This article is for informational purposes only and not intended as legal advice.

Note from the Author, Stephanie Pottick: I’m excited to share this article with you! I’m a U.S. attorney & course creator who used to work in the toy industry on the business side so I’ve done my share of product creation, protection and licensing and understand them from both the business & legal perspectives. My passion is to educate creators so they can launch & license with confidence. Thanks to Mojo Nation & Brands Untapped for the opportunity to connect with you. E-mail me at contact@protectforsuccess.com – I’d love to hear what you think.

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To stay in the loop with the latest news, interviews and features from the world of toy and game design, sign up to our weekly newsletter here

The post How legally protecting a design can help you build an empire appeared first on Brands Untapped.

“Is my concept viable?”

“Will people like it?”

“How can I bring it to the marketplace?”

“What if I get rejected when I pitch it to a company?”

“What happens if I actually get a deal?”

I get it – I remember what it was like to come up with new products when I worked in the toy business. We would work so hard on creating new concepts and hope our Toys “R” US and Walmart buyers would buy them. Sometimes they did and sometimes they didn’t. It was usually a balance between coming up with something we thought customers would like and that retailers would also envision selling. Of course, working as a manufacturer meant we didn’t have to find any companies to license our ideas – we were able to handle production and sales.

But some inventors don’t have that luxury and others aren’t looking to personally manufacture their own products anyway. Instead, they would rather find a company to help produce and sell them.

The great news is that toy and game companies are actively looking for new items and concepts to incorporate into their product lines. Some companies send out wish lists at certain times of the year; other companies let inventors submit ideas all year long.

There are also virtual and in-person pitching events that give inventors the opportunity to connect directly with established companies and retailers. For example, Mojo Nation hosts the Mojo Pitch and Women in Toys has its Empowerment Day, both happening later this year.

So, what do companies typically look for?

The real answer is that it depends on the company. Doing research on the different companies and asking industry professionals may help you figure that out. Sometimes it’s just about being at the right place at the right time, but there are things you can do to help yourself…

• Think about your target audience. Who is your product for? Are you thinking of them as you develop your game or toy? Having a target audience might help you identify the right company to approach.

• Find out if there are any industry standards you need to meet as you develop your product. For example, are there safety requirements for your product or target age group? Are there packaging or marketing requirements you have to comply with? It’s probably still a good idea to familiarise yourself with some of the basic guidelines, but the good news is that if you license your product to a third party manufacturer, they should be familiar with the applicable laws and would be responsible to comply with them.

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• Figure out whether you own your product, brand or concept. A company wants to make sure you have the right to enter into a license agreement with them – otherwise, they face potential lawsuits from others, which is something any company wants to avoid. Did you work with anyone else to help create any of the components, the instructions, the artwork, the logo and so on? If so, you’d better figure out whether you own it because that may determine whether you can license out your concept. Give yourself peace of mind that all your hard work is actually yours.

• Make your creation unique and protectible. When I say protectible, I’m referring to intellectual property. After all, what distinguishes games like Monopoly and Uno from one another? The name, game play and so on. I’m pretty sure most companies are looking for something that’s protectible – as opposed to easy to copy. Put yourself in the shoes of the company… Why would you pay for a concept that’s overtly easy to knock off? Unique and protectible intellectual property also helps set your product apart in the marketplace. Have you come up with a cool new game, with unique name, and is it available to protect? If so, you may want to investigate how to protect yourself. If your concept isn’t protectible, this might be a good opportunity to spend some more time to create something that is protectible.

• Identify intellectual property and protect it. It’s important to figure out what intellectual property you have and protect it, ideally before you show it to anyone – that will minimise the risk of someone stealing your idea.

• Don’t sign any agreement until you understand what it says. You may be super excited to get a deal, but don’t overlook the fact that if you don’t know what an agreement says, you might be unknowingly signing away your rights. It’s important to find professionals who understand your industry and will look out for your concerns.

The goal is to get your toy or game out into the marketplace, but in a way that protects your interests and allows you to be confident to enter a pitch or license agreement.
Wishing you much success! You got this!

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Our Protect for Success course can help you figure out what intellectual property you have, whether you own your idea and what to look out for in your contracts. Be prepared. Click on the banner above to learn more.

Disclaimers: There are many other issues facing game and toy designers. We are only able to help you spot a few in this short article. Please note that all of the information in this article relates to U.S. laws. Each country has its own unique set of laws, and you should make sure your inquiries are based on the laws where you are located and where you want to sell or license your brands or products. This article is for informational purposes only and not intended as legal advice.

Note from the Author, Stephanie Pottick: I’m excited to share this article with you! I’m a U.S. attorney & course creator who used to work in the toy industry on the business side so I’ve done my share of product creation, protection and licensing and understand them from both the business & legal perspectives. My passion is to educate creators so they can launch & license with confidence. Thanks to Mojo Nation & Brands Untapped for the opportunity to connect with you.

E-mail me at contact@protectforsuccess.com – I’d love to hear what you think.

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To stay in the loop with the latest news, interviews and features from the world of toy and game design, sign up to our weekly newsletter here

The post Things to consider before pitching ideas… appeared first on Brands Untapped.

And here is the most important question you need to ask yourself: “Is my brand or product ready for licensing?”

No matter what you are looking to license, you should start with these three key areas:

1. IDENTIFY your intellectual property (IP)
2. Make sure you OWN your IP
3. Take the necessary steps to PROTECT your IP

By identifying your IP, owning your IP and properly protecting your IP, you open the door to a world of opportunity and make it easier to achieve your dreams of licensing your idea. Plus, knowing and following these three steps minimises the chance of someone stealing what you’ve spent so much time, money and effort on.

IDENTIFY Your Intellectual Property: This is a great exercise to capture, evaluate and really see what you have and spot potential areas you may not necessarily have thought of. This is an opportunity to look at your business, brands and products and record what you think you may have.

Of course, you may want to engage a professional to help with this, and educating yourself can be a game changer for your current – and future – projects. Without knowing what you may have, there’s no way to understand what you might be able to protect.

There are multiple types of IP, but for our purposes we will only list the three most common types:

• Trademarks: These can include brand names, business names, logos, taglines and even non-traditional marks (sounds, scents and colors).
• Copyrights: These cover creative works such as photographs, style guides, videos, logos, books, articles, blogs, illustrations, drawings, songs and paintings, just to name a few.
• Patents: Generally, patents can protect inventions, designs and sometimes even processes.

Each one has its own set of rules so identifying what you have is only the first step on your IP journey.

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Make sure you OWN your Intellectual Property: You want to make sure you know who owns what when it comes to your brands and products. Unless there is a signed agreement to the contrary, ownership of copyrights and sometimes other intellectual property rights vest with the creator of any given work… Yes, even if you have paid for it! So if you hire and pay someone to create illustrations for you, but don’t have a signed contract with specific legal language, you likely don’t own the IP for the illustrations.

You cannot control what you don’t own; and if you don’t own your art, designs, photographs, and so on, then that means a third party can stop you from using their contribution to your brand or product because they still own their portion of your brand or product. Yup, that’s true.

Bottom line is: Make sure you own your IP!

Take the necessary steps to PROTECT your Intellectual Property: Now that you’ve figured out what you have and whether you own it, it’s time to make a business decision on what you want to protect by filing a Trademark, Copyright and/or Patent where applicable.

Sometimes your product or brand might be protectible in more than one category of IP. Keep in mind each IP has its own unique process and timeframe for completion. If and when you can get these to the finish line, you will have a powerful bargaining chip when you go to license your idea.

Final Thoughts: Learning and following the three steps above will empower you to make better business decisions now and in the future whether you’re pitching at Licensing Expo or any trade show. These steps are just a start.

Considering contracts like non-disclosure and licensing agreements is another essential element for your success. But remember, every situation is different so you may want to consult with a professional to help you determine what’s best for your particular situation.

Wishing you much success in your pitches! You got this!

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Disclaimers: Please note that all of the information in this article relates to U.S. laws. Each country has its own unique set of laws, and you should make sure your inquiries are based on the laws where you are located and where you want to sell or license your brands or products. This article is for informational purposes only and not intended as legal advice.

Note from the Author, Stephanie Pottick: I’m excited to share this article with you! I’m a U.S. attorney and course creator who used to work in the toy industry on the business side so I’ve done my share of product creation, protection and licensing and understand them from both the business and legal perspectives. My passion is to educate creators so they can launch & license with confidence. Thanks to Mojo Nation and Brands Untapped for the opportunity to connect with you. E-mail me at contact@protectforsuccess.com – I’d love to hear what you think.

The post Is your brand ready for Licensing Expo? appeared first on Brands Untapped.