Patent, Trademark & Copyright : Law Office of Kloss, Stenger & LoTempio

As a Buffalo patent attorney I often get asked questions from would-be authors about publishing and copyright. Dave Kocak tennis pro at the Miller Tennis Center wrote a book called "Tennis for the Rest of Us" and I asked him to share some of his thoughts about the process of writing and publishing a book.

Here is what Dave Kocak had to say:

I've been a tennis pro for about 30 years. I've taught in many venues, resorts, private clubs, country clubs and public clubs. I've worked with nationally ranked juniors, beginning juniors and adults at all levels.

While I've enjoyed teaching them all my favorite groups are beginning and lower level adults. Over 30 years I think I've learned a lot about how to teach adults and I have tried to narrow down the essentials to rapidly becoming the best tennis player you can be.

Believe me when I say "rapidly" I only mean as fast as you can. Unfortunately, there is usually nothing rapid about it.

Most books on tennis tend to be focused on young players with an eye to them becoming outstanding players competing at a high level.

The difference between that individual and a 40 year old woman who has never played a sport in her life is huge. I think those books set up someone like that to fail by creating unrealistic expectations or overwhelming them with information.

I had never seen a book designed for beginners covering all aspects of the game.

My book gives them the essentials of proper technique, simple advice on equipment, leagues, clubs, strategy, advice on selecting pros, getting your kids involved and some of the things to be avoided.

While I think I covered just about everything, I did it in 140 (my readers say humorous, easy to read pages) and not some manual that no one ever reads.

I knew exactly the book I wanted to write because I knew my audience so well. I thought I could self-publish without too much expense and I was right. Going through a conventional publisher seemed either overwhelming (no one likes rejection) or too time consuming.

I'd waited 30 years to write, I wanted to get it out there NOW! There are lots of sites that can help you self-publish, from cover preparation to editing to promoting.

10 Tips About the Process of Writing a Book:

1. You can do it. If I can, anyone can. I took all of the pictures in my book with a cheap digital camera and I've never owned a camera in my life. I've never written anything longer than two typed pages before either.
2. If you tell everyone you are writing a book, pretty soon you have to actually write it.
3. Don't be afraid to let other people read it (not the spouse). Your friends won't want to hurt your feelings but that doesn't mean they won't give you some honest criticism. Listen to their advice, but remember it is your book.
4. If you do not have pictures that are important to the book, Print-on-demand is the only way to go. At least in the beginning, and at least for your first book. You can get as many copies as you like for a few dollars apiece for your own sales and Amazon and Barnes & Noble will carry it online with a very attractive royalty structure.
5. I got 1,000 copies printed because it wasn't much more than getting 500. The difference is that I have an extra 10 boxes of books in my attic attesting to the fact that I don't know how to market. Keep that in mind.
6. My layout was done by a university student who worked on the school magazine and my proofreading was done by a college business writing teacher. Both were excellent but even college kids are kids.
7. If you are writing fiction a lot of this may not apply. I don't know anything about writing fiction.
8. Don't write it if you are not passionate about it. Even then, it's work. second book doesn't have the same internal imperative that the first one had (I HAD to write that one) and consequently is going a little slower.
9. To get a book on Amazon or anywhere else you need an ISBN number. The one or two main companies that handle them sell them in groups of 10 (everyone is likely to write 10 books?) for about $250. You can get individual ones for less than $100. check out the self-publishing sites. There are many that sell them now.
10. An excellent guide to getting self-published is the "The self publishing manual" by Dan Poynter.

The Invention of Everything Else, by Samantha Hunt

LoTempio Law Blog Book Review

About the book 

The Invention of Everything Else brings us back to the early 1940's, when Nikola Tesla was living out his final years on this planet in room 3327 in the Hotel New Yorker.Tesla was arguably one of the greatest inventors of all time.

The story is set around a fictitious relationship between eighty-six-year-old Tesla and twenty-four-year-old Louisa, a chambermaid who cleans his room in the Hotel New Yorker. 

Louisa becomes obsessed with Tesla, his life and his inventions, and the two are drawn into a platonic friendship after discovering a mutual interest in homing pigeons.

Louisa is also a part of another sub-story involving her widowed father, a family friend who claims to have invented a time machine, and a mysterious young man who may have come from the future.

Tesla is touted as the father of the radio, wireless communication, X-ray, AC motor, and a host of other real and improbable innovations.

The book is a historical fiction and reports on his acrimonious relationship with Thomas Edison, his failed business ventures with George Westinghouse and his ability talk to pigeons.

My review of the book

I like the book because it includes a detailed account of the life of Tesla, his genius, his phobias,  and of his course inventions. I often tell inventors “a good idea does not sell itself,” it is not like a lottery ticket.. you win millions because you got the winning number. Tesla is proof of that. Although he made money he died penniless. As smart as he was, he never figured out how to commercialize his inventions.

The book takes us into his life, his thoughts, his “science fiction” inventions, his friendship with Mark Twain, and his belief that he could photograph thought. 

The writing style is eclectic, and the story is sometimes hard to follow. He has conversations with the pigeons and the deceased Mark Twain so you have to open your mind to believe that impossible is possible.

The story goes in all different directions, but the vivid descriptions of the architecture, social structure and the way of life in early twentieth century New York City make for fun and fascinating reading.

By the end of the book you really admire, like and feel sorry for Nikola Tesla and wish his inventions would all come true. I wish there was someone that was trustworthy and business savvy that could of handled his finances and acted as his agent. If money wasn’t an issue, maybe the world today would be a much different place because he invented everything else.

Here is my favorite excerpt from the book:

"The new device that does everything. It is a possibility device that does every last thing that you could ever conceive of, if time were not finite, if there were no end of invention, no end to living or at least no end to Nikola Tesla. The invention of everything else."

What are some of the things you would invent:

• picture telephone
• magnetic surgery
• wireless printing press
• teleportation
• perpetual motion
• immortality

I alone know best that the world will be lost without you once you are gone.

About the Author

The author, Samantha Hunt, received a National Book Foundation award for authors under 35, for her previous novel, The Seas. The Invention of Everything Else was shortlisted for an award from Believer magazine and shortlisted for the Orange Prize.

Think BIG and Kick Ass in Business and Life by Donald J. Trump and Bill Zanker

LoTempio Law Blog Book Review

About the book

Companies have to use innovation to compete in the corporate world. Inventors have to be able to take ideas to the market as real products.

In order to be a success in anything you have to believe that no matter what you can overcome the odds and succeed if you can "think big and kick ass.”

In this book Donald Trump and Bill Zanker describe how they have attained success by  using momentum, positive attitude, experience, hard work, luck and their ability to recognize opportunity.

This book  presents the real-life stories of people who've applied the think BIG principles in their own lives.

From these stories the authors have put together many "points to remember" and lists of vital characteristics in which one necessarily needs to succeed in business and in life.

The authors explore real-life situations that bring home each point in the checklist. Here is an example of such a checklist:

• Find your passion and love what you do
• Give your goals values that are not monetary
• Do not do anything just for the money
• Always do your best with passion
• Know in your mind that passion conquers fear
• Take action every day
• Focus on the solution not the problem
• Handle passion by not dwelling on negative thoughts or opinions of others
• Learn from mistakes but do not let them take you down
• Be mentally tough and never give up
• Push yourself out of your comfort zone

My review of the book

I really enjoyed the real-life situations that the authors share with the reader. For example, Donald Trump speaks about his near bankruptcies and his fluke meeting with a banker who wanted to destroy him and how he worked out a deal to save his empire.

I thought it was funny how Donald instructs us about the value of a prenuptial agreement. I’m sure he doesn’t think it’s funny.

Bill Zanker tells us how his first office was his apartment and he used the table of one of his neighbors to seat some of his first employees during the workday and how he had to sneak them out before his neighbor got home.

I like this book for inventors or anyone who owns a business because I believe that the principles are sound. I believe if you’re already successful these principles will help you stay there. If you’re starting from scratch these principles and motivational words of wisdom will help you become successful.

I became motivated after hearing the many success stories. I find myself saying how can I look at this situation and use the “think big” attitude? But even with that said, Trump by his own admission states that

“Winners in life have a special quality that sets them apart from 98% of the population. He calls it: “the trump it quality”

So I guess the question you have to ask yourself is, can I be one of the 2% of the population that can be a true winner in life? Here are some of the characteristics needed for success that are discussed in the book:

1. Dream big because the goals you set are what you will achieve. So don't set small goals. At every level set even higher goals and challenges for yourself
2. Be lean and hungry
3. Take action every day and stay focused for the long haul
4. Learn something every day so you always know what you're doing
5. Pride yourself on your ability to find creative solutions to the tough problems
6. Be passionate about your work and never take no for an answer
7. Learn to trust your gut
8. Hire the best people and do not trust them
9. Get even with people who do you wrong
10. Never stop focusing on your objectives even when things are good

About the Authors

Everyone knows who Donald J. Trump is… he’s readily recognized by his trademark haircut, his flamboyant appearance and his visionary real estate developments which will persevere long after "the Donald" himself has left this planet. 

His distinctive mark is found in such wonderful architectural works as the Trump Tower on Fifth Avenue, Trump Park Avenue, Trump World Tower, 40 Wall Street, The Grand Hyatt Hotel, the historic Mar-a-Lago Club in Palm Beach, the Palm Trump International Hotel and Tower in Dubai, and numerous award-winning golf courses.

Donald J. Trump is a graduate of the Wharton School of Finance. As the Emmy-nominated star and coproducer of the hit television show The Apprentice and the author of seven bestsellers, he has established himself a media giant.

Trump has capitalized on the “Trump” Trademark by putting his name on many goods and services. A search of the United States Patent and Trademark offices’ Trademark Electronic Search System (TESS) reveals 382 applications and registrations for trademark of the name Donald Trump and its derivatives.

Clicking through a few of the trademarks I saw merchandise such as furniture, men's suits, precious stones, chocolate, vodka, tea, natural spring water and men's cologne (PDF) to name a few. Donald Trump is the very definition of the American success story.

Bill Zanker grew up in Teaneck, New Jersey. He earned a bachelor of arts degree from the Hebrew University of Jerusalem and majored in film towards a master's degree at The New School.

Zanker started The Learning Annex in 1980 with $5,000 of his own money and grew The Learning Annex from a $5 million a year company into one that's generating over $100 million a year in sales.

The Learning Annex is a producer of seminars, lectures, classes, and workshops that teach people how to change careers, make more money, improve their relationships, empower their lives, and grow in body and in spirit.

The Learning Annex has boasted speakers such as Donald Trump, Larry King, Jerry Lewis, Sarah Jessica Parker, Henry Kissinger, Tony Robbins, Deepak Chopra, Bishop Desmond Tutu and Barbara Bush.

The Big Idea: How to Make Your Entrepreneurial Dreams Come True, From the Aha Moment to Your First Million by Donny Deutsch

LoTempio Law Blog Book Review
 

About the book

What’s "The Big Idea"? It's a book by Donny Deutsch that profiles many of the successful entrepreneurs who have visited his CNBC talk show, “The Big Idea with Donny Deutsch.”

Donny shares the lessons they learned on their road to success. The entrepreneurial success stories are complemented by practical advice and resources for building a business.

The book is packed with checklist after checklist of characteristics and elements of things an inventor needs to do in order to turn "the big idea" into a million-dollar idea (the Donny's dos).

My review of the book

Inventors are looking for a magic checklist of things to do in order to take their idea and turn it into a million-dollar idea. I read a few of the reviews on the Internet and it appears that some readers feel that the book is high on inspiration and doesn't provide enough detailed information  to start a business. But I don't think it's meant to be a handbook with step-by-step directions on what to do, it is meant to provide inspiration and general utility.

If it was easy as just writing down the steps and blindly following the steps, everyone would be a millionaire. If there is one thing that I learned reading this book, it is that there's no one right way to do it.

The process starts in that ordinary moment of clarity when you say, "There's gotta be a better way." It's the moment when you ask, "How can I solve this problem?"

Donny says you have two choices:

1. You can muddle through and keep doing it the same way, or
2. You can find a better way.

The Big Idea has put the spotlight on that "moment of clarity" and the people who have the courage and stamina to make their dreams come true.

A carpenter gets tired of almost losing a finger every time he slices a bagel. Bam! The Bagel Guillotine. A mother is frustrated that her pantry is full of stale food because the packages don't close. Bam! Quick Seals. Howard Schultz notices on a trip to Italy that there are coffee bars on almost every corner. Bam! Starbucks. None of them had a barrel of cash. None of them had a ton of experience. They had a big idea and the will to follow through.

Deutsch speaks about the underdog being led by blind courage. It is an asset because by not knowing where the obstacles are the underdog fearlessly moves forward and conquers each obstacle as it happens. Perhaps if the underdog knew what and where the obstacles were they would not even try. Not knowing what you don't know, can be a benefit. But he cautions that pure arrogance is a liability.

It reminds me of a quote from John Madden,

"Don’t worry about the horse being blind just load the wagon."

Donny provides dozens of examples of how others have made a big idea a million-dollar idea. He provides example after example of how people have made success out of nothing. It's almost impossible not to be inspired by all the success stories in this book.

Deutsch describes and bullet points a seemingly endless list of characteristics which are necessary to succeed. Here are a few of the characteristics that enabled ordinary people to come up with the million dollar idea and become the most successful people in the world:

• Creativity, innovation and awareness
• The ability to have a moment of clarity, create a new twist, present to a captive market and come up with a future design
• You have to have a "Fire in the belly "
• Hold your nose and jump in
• Self Educated
• The biggest payoff is happiness : "Make love not work"
• Attitude and Presentation: "look the part"
• Discipline and Courage
• Failure is your friend. By taking you in a different direction, failure equals a lucky break.

Babe Ruth used to say:

"Every strikeout brings me closer to the next home run.".

In his article, How Many Times Did Babe Ruth Strikeout? Joe Dorish writes, "Babe Ruth lead the league in strikeouts in 1927 with 89 in 540 at bats. So his strikeout ratio in 1927 was 16.5%. That was the year the Babe hit 60 home runs."

The lesson is that if you are constantly learning and evolving you can do anything. Donny Deutsch says educate yourself, read every day even if it's just an hour a day. Take baby steps this might mean it takes years to reach a conclusion, but you necessarily have to take those baby steps. I often remind inventors of the Chinese saying that "the 2000 mile journey starts with the first step".

People want to have a roadmap on how to get to the end of the journey. But that journey truly has to be made on your own. However, the inspiration and ideas found in this book may help to smooth out some of the rough spots.

If it was as simple as reading a book and following the cookbook instructions everybody would do it. There's no such thing as a free lunch. You have to pay the price to be successful at anything. The price doesn't necessarily have to be monetary but certainly you need the passion and the courage to follow through. The bottom line is: everybody's journey has to be their own.

Donny gives many nuggets of utility and a boatload of inspiration to motivate you and make you believe that you can be that person. He challenges you to ask the question, "why not me?"

About the Author

Donny Deutsch former Chairman and Chief Executive Officer of Deutsch Inc, a company with such blue-chip clients like Mitsubishi Motors, Johnson & Johnson, Revlon, Coors, Novartis, Expedia, Monster, and Old Navy. Both Advertising Age and Adweek have honored the $2.7 billion agency as “Agency of the Year.” As the host of the CNBC talk show, The Big Idea with Donny Deutsch, he examined issues in pop culture, business, politics, the arts, and sports.

He is also Managing Partner of the independent film production company Deutsch Open City. In presidential politics he was a lead member of the successful Clinton/Gore communications team. A graduate of the Wharton School at the University of Pennsylvania, Donny now serves on two boards: UPenn School of Social Work’s Executive Committee and the Board of Directors of the Michael J. Fox Foundation for Parkinson’s Research. 

The Inventor's Bible by Ronald L. Docie Sr.

LoTempio Law Blog Book Review

About the book

The Inventor's Biible by Ronald L. Docie Sr., includes a workbook to help an inventor take an idea from conception to the distribution of a product. The book touches on marketing, licensing, and selling an invention. The book reviews the invention process, including:

• Patenting
• Selecting a manufacturer
• Finding the right market
• Developing a marketing plan
• Presenting a product to a company
• Negotiating a royalty deal

My review of the book

This book provides a good explanation of the invention process. The real life stories teach inventors of the potential pitfalls commonly encountered by new inventors. It maps out an inventors voyage through invention, development of the product, to protection and marketing. I think The Inventors Bible is a good book for independent inventors. The book is well written, very readable and covers a lot of useful topics. The Inventor’s Bible is an excellent collection of practical information from an inventors prospective, based on the author’s business experience. Even though the book is not presented from a legal viewpoint it is helpful because it looks at inventing, patenting and product development from a business angle.

About the Author

Ronald L. Docie Sr’s career in selling inventions spans more than three decades. His inventions are featured in Wal-Mart, Kmart and thousands of other distribution channels. As an agent for inventors, Docie has negotiated license deals with many companies including General Motors, and he’s a consultant to Johnson & Johnson on idea submission. He is the president of Docie Development, LLC, an international company that provides services for inventors and corporations.

Between a Rock and a Hard Place by Aron Lee Ralston

LoTempio Law Blog Book Review

About the book

Aron Lee Ralston presents the full story behind the 2003 event that became worldwide news:during what began as a routine day hike he was trapped by a boulder in the Canyonlands National Park in eastern Utah, he was forced to amputate his lower right arm in order to free himself. He then fashioned a tourniquet for the arm, rappelled 75 feet down the canyon and started walking. He walked seven hours before being found by rescuers.

My review of the book

Does life sometimes present you with hard choices? How may times will one decision irrevocably change your life? What if you had to cut off your own arm to save your life? Could you do it? Could anyone? Aron Ralston did it and he describes it in detail in the pages of this book.

In order to read this book you have be in the right frame of mind because Aron is extremely articulate and his graphic descriptions “pull no punches.” The good news is once you have read this book, the answer to the questions I posed at the beginning of this post will be: whatever problems I have, really aren’t so difficult for me to handle.

I read this book because I thought if anyone could relate to Aron I could. I cut off my right hand when I was 12 years old. It wasn’t intentional but the result was the same; we had to stop the bleeding by tourniquet until there was medical attention; we had to learn to become left hand dominant even though we were born right handed; and we had to tackle life with a new awareness. Aron finishes the book with this quote:

“Our purpose as spiritual beings is to follow our bliss, seek out our passion and live out our lives as inspirations to each other, everything else flows from that.”

People tell me they are inspired by me, they say, “I couldn’t rebound like you did with that injury.” But I say it’s no big deal, you could and you would because your only choice is to live life to the fullest and go forward. Giving up is not an option.

I found inspiration in the strength of Aron Ralston’s words and deeds. He has reinforced my belief that the human spirit is much more resilient than we give ourselves credit. Remember no matter what the circumstance just follow your bliss!

About the Author

Aron Lee Ralston was born October 27 1975 in Indiana, USA. He was a student of mechanical engineering and French at Carnegie Mellon University and a member of Phi Beta Kappa. At Carnegie Mellon, he served as a Resident Assistant, studied abroad, and was an active intramural sports participant.

He left his job as a mechanical engineer with Intel in 2002 to climb all of Colorado's "fourteeners", or peaks over 14,000 feet high during the winter season. He is now a motivational speaker.

127 HOURS is the new movie from the Academy Award winning director Danny Boyle, about Aron Ralston's remarkable story. In the film Aron Ralston is played by actor James Franco.

I, Woz: Computer Geek to Cult Icon - Getting to the Core of Apple's Inventor, by Steve Wozniak

LoTempio Law Blog Book Review

About the book

In this autobiography,  Steve Wozniak describes his life–before and after Apple. From his childhood where he learned about electronics from his father, to the time of the invention of the Apple I personal computer, to the rise of Apple as an industry giant. A firsthand account by Steve Wozniak, inventor genius, about the origins of Apple and the computer revolution.

My review of the book

Everyone wonders how a true genius comes up with his great idea. Steve Wozniak tells of his early childhood and how his interest in electronics was the foundation that guided him to the world's first practical personal computer. It can be argued that Steve Wozniak  is one of the great inventors of all time, but he will not go down in history as a great writer based upon this book. Although his stories of childhood pranks and interaction with Steve Jobs regarding his technical life leading up to Apple are very interesting, parts of it are over technical for the average reader.  in addition, the reader gets the feeling that the author has too much control over the editor. One must wonder if the ego of the multimillionaire author controls the direction of the book and the editor is incapable to reel in the line.

Despite the book's shortcomings, after reading it you will feel as though you got to know the person Steve Wozniak and you can't help but like him. in addition, I was interested to learn that Apple protected much of their early technology with copyright rather than patents because of the high cost of patent preparation. I thought it was also interesting to read about his struggles with corporate politics. He reveals that he wanted to stay out of management t but remain involved in the inventive/creative side of the business. I had hoped he would have shared more details regarding how they split up the profits of the company and his relationship with Steve Jobs.

About the Author

Steve Wozniak, Apple co-founder, changed the direction the computing industry with his design of the world's first mass produced personal computers, the Apple I and Apple II.

In 1985, Steve was awarded the highest honor bestowed on America’s inventors; the National Medal of Technology by the then  President of the United States, Ronald Regan. In 2000 Steve was inducted into the Inventors Hall of Fame and was awarded the prestigious Heinz Award for Technology, The Economy and Employment for “single-handedly designing the first personal computer and for then redirecting his lifelong passion for mathematics and electronics toward lighting the fires of excitement for education in grade school students and their teachers.”

Wozniak founded the Electronic Frontier Foundation, and was the founding sponsor of the Tech Museum, Silicon Valley Ballet and Children’s Discovery Museum of San Jose. He currently is the Chief Scientist at Fusion-io and recently he danced on “Dancing with the Stars.”

How to License Your Million Dollar Idea, Second Edition, Harvey Reese

LoTempio Law Blog Book Review

About the book

This book provides potential inventors information to take a product from the idea stage to a shelf on the store. The author reveals his system for coming up with new ideas. He tells about his experiences taking a product through the licensing process. He proposes a method of how to approach and present those ideas to professionals in the industry that can manufacture, market and distribute a product. He gives an overview on the patenting process and a hypothetical presentation of the product and negotiation of a bare-bones licensing agreement. How to License Your Million Dollar Idea, Second Edition also features an expanded appendix of sample patent forms, licensing agreements, disclosure statements, publications, contact information, and more.

My review of the book

In my role as patent attorney, inventors come to my office with new ideas all the time. My job is to protect their idea but also represent them in the best possible way. Many inventors don't know how to present their patented product to a company for licensing agreement. I believe this book gives them a rudimentary understanding of the entire process. I have recommended this book to many clients to educate them of the pitfalls of selling a product that they have invented. I believe this book answers a lot of basic questions about the pitfalls of taking a product from the idea stage to on a shelf at the store. In addition, I enjoyed the common man approach in which the book was written. The book uses anecdotal story based examples to describe the invention process.

About the Author

Harvey Reese is a businessman and inventor. Based upon his success in licensing ideas he has written books that inventors can use to profit from their ideas. The two latest are The 12 Amazing Secrets of Millionaire Inventors, which shows the inventor all of his options when he’s struck with a great idea, and How to License Your Million Dollar Idea which is designed to help the inventor who has already decided on the licensing option. He is a frequent guest on local radio talk shows where he answers callers who have questions about their product ideas and what to do next. He is also an author of many articles for Inventor’s Digest.