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Here you are, with a great idea or invention and wanting to explore business opportunities with another company to expand your brand. Then suddenly, when you propose a legally-binding non-disclosure agreement (NDA) at the infancy of the negotiation stages, often even before your initial consultation with them, all communication with them stops. While you should seek proper legal counsel to make sure all terms within the contract are fair, and that first step alone takes up so much time, money and effort—one of the most important lessons we’ve learned through our many years of practical experience as product innovators is that NDAs almost always slow or stop negotiations if you propose them first. Despite its popularity, filing an NDA, also known as secrecy agreement (SA), confidential disclosure agreement (CDA), or proprietary information agreement (PIA) has its drawbacks. It can sow distrust between parties, foiling a mutually beneficial relationship before it matures. Learn how NDA’s can put you in the wrong position for getting your idea presented in an open-minded standpoint, and discover smarter ways to protect your intellectual property with or without an NDA.
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“People ask me, ‘what’s the costliest part of patenting?’ I’ll tell them, the costliest part of patenting is your misinformation about patents,” says our Product Launch Hazzards expert Attorney Richard Goldstein, author of the American Bar Association’s Consumer Guide to Obtaining a Patent. Rich graduated with an Engineering degree before being a patent lawyer, and has the unique combination of having a systems-oriented brain from his engineering background, combined with a liberal arts mind that enables him to write really well, allowing him understand the finer details of product designs and explain precisely what is needed for effective applicable patents . He has dedicated his law career into educating and helping individuals, small business owners, startups, product developers and inventors understand the core principles of patenting. He started teaching the patent process in the early 90’s, and has created a 6-part video series on the basics of patenting with over 10,000 views. Discover how you can ultimately reduce the risks of product launch failure, cut costs, save time and resources as Rich answers your patenting concerns each month.
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The choice between creating a working prototype (a product sample that looks, feels, and works like the actual product), an appearance model (non-functional, but adheres to actual products physical appearance, and dimensions), or a functional prototype (a crude model with limited functionality, often used to present a a product under concept development) for product presentation has often confused product innovators. There are a range of factors to consider, from budget constraints, product liabilities, to meeting deadlines– but the key to selling your product lies in having in-depth customer knowledge so you can manage the expectations of your potential consumers or investors, as well as future retail buyers, and being aware of the circumstances that surround your product presentation so you choose and create the right type of prototype to make your presentation a success and get your product or idea sold.
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We have been product designers for more than two decades and have won awards for our designs through out the years– but the ultimate accolade for us would have to be the longevity of our products in the market. Over 80 of the products that we have designed for mass retail have been bought and used over and over again by consumers for the past 20 years and counting. We believe that our success in this regard lies in the genuine joy we find in the process of product design, and most importantly, in how it betters the lives of consumers. Reading positive feedback from online customer reviews, especially when users recommend our products to other consumers, gives us immense satisfaction as designers.
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If you are a thriving vendor with products on Walmart, Staples, other mass retailers’ shelves, or you are selling online through Amazon, Alibaba, or any other big e-Commerce platform, be warned: the days of vendor loyalty are long gone, which is why it is essential for you to secure your products and customer base before launching your products. As experienced product designers, innovators and entrepreneurs, we have learned from first hand experience as well as vicariously how big companies can take advantage of entrepreneurs who offer private-label products or services. Take Amazon for example– if you have an unpatented original product that you get from another manufacturer and the e-Commerce giant sees that your product is selling like hotcakes through their platform, it could go two ways– they can either source any number of variations of your products’ Stock Keeping Units (SKU’s) from your manufacturer and persuade them to make your products for them for reselling, or your manufacturer may negotiate with Amazon to achieve the same goal, resulting in an increase in their profit margins and a decrease in yours. At the end of the day, everything is a business decision done in the name of more revenue. This is an issue that a lot of small business owners in the private-labeling industry are experiencing, and something you must take heed of especially if you are just starting out in the same field. Get informed perspectives, tips and useful information on what to do when this happens to you, how to be proactive about it, and many more from business, marketing, and manufacturing industry pros.
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As one of our experts at Product Launch Hazzards, certified Master Amazon seller training expert Brenda Crimi will be dishing great advice every month for aspiring online sellers, as well as curious listeners who want to have an understanding of “all things products, and all things Amazon.” Meet Brenda as she shares her inspiring entrepreneurial journey– from being a consultant, to managing a law firm to selling on Amazon. She found her calling as a successful online entrepreneur launching her own products and managing her own online business on the e-commerce giant’s platform since 2013 and coaching and or managing other aspiring brands and sellers. Brenda shares her no-nonsense expertise and answers your eCommerce selling questions through the Product Launch Hazzards membership office hours and coaching or managing other aspiring brands and sellers.
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Tom and I are a husband and wife team of Industrial Designers. We are lucky to be working together not just because we enjoy each other’s company– we have a complimentary set of skills, and unlike in corporate settings where people have qualms in voicing out their opinions we are both capable of having an open, honest debate when designing products that involve gender-related perspectives because of our shared vision. We have coined a term called “gender blending,” which refers to meeting the needs of both male and female consumers when it comes to designing products. Launching many successful products for ourselves and our clients through out the years was made possible by combining our strengths, which includes our unique ability to factor in the needs of both genders in our product designs.
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Is your idea, product or service competitive? The truth is, the best ideas don’t always win because there are many things in your way to making it happen. As an entrepreneur or an inventor, you should have the best system and marketing tactics to get ahead of the competition. One of the most crucial steps is to protect your trade secrets, original business concepts and ideas. Join internationally recognized intellectual property lawyer Attorney Jason Webb of Pearson-Butler every month as he explains how to make patents, trademarks and copyright work for protecting business owners, inventors, and product developers in this ruthless global economy. He has successfully negotiated licensing agreements for Fortune 500 companies, with products and services that are sold worldwide. Get honest, educated business perspectives from Jason through the Product Launch Hazzards membership office hours.
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Picking the right colors for specific consumer goods is exciting, and can also be a very agonizing process for some product inventors, innovators, designers, and marketers, especially to newbies. Even experienced branding professionals get challenged sometimes, and rightly so, for there is so much is riding on choosing the right color for your product. Many factors can affect our opinions on product color selection, most especially our personal preferences. If you happen to pick the wrong color for your product, it will not be marketable, and problems with inventory among other things will arise. Get the skinny color selection for product design and the ultimate 80/20 color rule from one of the leading experts in the product design industry who also specializes in picking colors that sell in mass market retail.
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From the publisher's feed
Explore the retail and ecommerce product launch formula to out-design, out-source, and out-profit your competition. New Consumer product launches are inherently risky, and the odds of success are…