The Big Picture
The right licensing agreement can be the missing piece of the big-business puzzle.
URL:
http://www.entrepreneur.com/magazine/entrepreneur/2003/november/65152.html
The Inventor:Marlene Carlson, 44, of Cokato,
Minnesota
Product Description:
Carlson's invention, Puzzle Toes, targets parents whose 3- to
6-year-olds have trouble putting their shoes on the correct feet.
Puzzle Toes are shoes that feature a picture of a dinosaur-the
right shoe has the dinosaur's front half while the left shoe
has the dinosaur's back half. When children line up the
picture, they know their shoes are on right. Licensed in 2002, the
product sells in select Wal-Mart stores nationwide for a suggested
retail price of $12.97.
Total Investment: $10,000 to
$12,000 between 1994 and 2002
Sales: $1 million projected
for 2003
The Challenge: Using a
licensing agreement to get your product into a big retail chain
store
Many inventors dream of getting their product into Wal-Mart-and
Marlene Carlson is no exception. It may have taken her several
years to achieve that goal, but she didn't let her lack of
experience-or the fact that large retail chains often resist
products from outsiders-hold her back. How did she do it?
Steps to
Success
1. Obtain a strong patent.
According to Mark Milliman, co-founder and COO of Quest Products
Inc. in Libertyville, Illinois, the company that owns the
Puzzle Toes trademark and licensed the patent from Carlson:
"Carlson's patent was important in our decision to market
the Puzzle Toes concept. We didn't want to go up against all
the shoe companies without a patent, as they are just too big and
too strong."
Carlson says her patent "is based on the position of the
design [on the shoes] and covers the overlay of the image on the
adjacent toe sections." Her utility patent is powerful, as its
broad claim-"a method for adapting a child's pair of shoes
to indicate to the child which shoe is for the left foot and which
is for the right foot"-covers all types of images split on
adjacent shoes and makes it hard for another company to introduce a
competing shoe.
2. Get help from an industry
expert. It pays to hire an industry professional,
whether he or she is in R&D, engineering, marketing or sales,
to push your product. For one thing, the arrangement cuts the
expense of attending trade shows and industry events, since your
industry supporter will already be going to the shows. Second, the
profes-sional will know who the best contact is at each firm. And
finally, an expert's endorsement encourages possible licensees
to take a closer look at your product.
Carlson's story is similar to that of many successful
inventors. "I had a few discussions with L.A. Gear about
licensing my product in my initial marketing push," she says.
Those negotiations fell through, but she ended up meeting David
Cousin, who worked in product development for L.A. Gear at the
time. "[He] thought my idea had potential, and he helped me
throughout the process," Carlson says. "He negotiated to
get samples made, talked about my product at trade shows, and
looked for companies that might license the idea. It was Cousin who
located Quest Products for me."
3. Keep your options open.
After receiving her patent, Carlson made a big push over two years
to get her product licensed. Despite initial interest, no one was
ready to move ahead. Instead of giving up, Carlson explored other
possibilities. "I looked at different options [for] having the
shoes made by looking into a small company in the U.S. [that] could
make them, and then buying shoes from overseas and having the
dinosaur image silk-screened on the toes." Carlson considered
selling the shoes herself to stores or at fairs, but she never was
able to sell them in a big way on her own.
It took her a few years to do this research, but it helped:
First, it encouraged her industry contact to keep looking for ways
Carlson could get her product on the market. And second, it offered
Carlson the opportunity to keep learning more about the industry,
its costs, and the work involved in launching a product. This
knowledge was very helpful when she finally negotiated a
contract.
4. Be flexible. When Quest
Products took on Puzzle Toes in July 2002, the company made several
changes. "Quest changed the product design slightly and then
responded to Wal-Mart's requests to add more of a design
look," Carlson says. "Quest also changed the packaging,
changed the colors, and came up with the packaging slogan 'Get
it left and get it right.'"
Luckily, she avoided the common inventor's mistake of trying
to control all the product's features as it goes into
production. Companies have their own ideas, and they want to be
able to change the product to give it the best chance at success.
One thing all companies want to avoid is a stubborn inventor. In
fact, companies often won't move ahead if they feel the
inventor will vie for too much control.
| | HELP IS ON THE WAY | |
| Log on
to The Entrepreneur Network (http://tenonline.org) to find
partners, collaborators or vendors that can help get your product
to market. You'll find more than 100 individuals and companies
to contact. The site includes companies looking for new ideas,
contract manufacturers, software engineers, patent attorneys,
business development consultants and venture capital firms. The
service is free, and it's always smart to get two or three
quotes, even if you have a preferred vendor. The site also features
articles and other tips for new and experienced
inventors. |
1. Offer value-added
features. The dinosaur image on the toes of the shoes
adds value to the consumer, as it minimizes the problem of kids
putting their shoes on the wrong feet. The best features add
perceived value for little cost, increasing the profit per
sale.
The right price-value relationship allows for a royalty between
2 and 7 percent (and even more). Since companies rarely make more
than a 10 to 15 percent profit on sales, the royalty can add up to
a significant percentage of sales. Companies can only afford to pay
the royalty if your product can be sold at a high profit—
that benefit comes from features that add value.
2. Don't jump to
conclusions. There are lots of reasons (aside from the
"not invented here" syndrome) why a company might
overlook your product. Perhaps the company may already have more
good ideas than it can introduce, or perhaps it's focusing on a
different market from what the inventor has in mind. A company
could also be limited in its ability to expand production, or it
might have insufficient margins to pay an inventor a royalty. If a
company turns you down, don't assume it doesn't like your
product. There could be another reason, so don't let their lack
of interest discourage you.
3. Timing is everything.
Most companies will license a product under the right
circumstances, which typically relate to its market position. For
instance, a company might not have a product for a new application,
or it may be at a market disadvantage due to a competitive product
introduction. Perhaps several of its own new product ideas failed
before introduction, and now it needs a new product to introduce.
Maybe the company decided its product line was stagnating and needs
new life from an outside source. Just because a company tells you
"no" today doesn't mean it might not say
"yes" in the future. So keep making those contacts, and
keep approaching the same companies. Their situation will probably
change, and a "no" just might become a
"yes."
4. Expect a license to take much longer
than you think. Most companies, like Quest Products,
don't actively seek out new ideas. So if you want to license an
idea, you usually need to find someone inside the company to
support you, wait for that person to generate enough interest for a
market feasibility study, have the engineering group review your
design for safety and manufacturability, and finally negotiate a
license. The entire process could take 12 to 18 months— even
longer— be patient.
| | SITE FOR SORE EYES | |
| First-time inventors are often overwhelmed by the
complexity of marketing their ideas. One Web site worth checking
out is Invention University (www.inventionuniversity.com). The site
offers books, audio training and e-classes, and sells two patent
software packages, Patent Hunter ($59) and Patent Wizard ($179).
Two other sites are the United Inventors Association
(www.uiausa.org) and Inventors' Digest magazine (www.inventorsdigest.com). |
Don Debelak is author of Entrepreneur magazine's Start-Up
Guide #1813, Bringing Your Product to Market. Write to him
at dondebelak34@msn.com.
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