Patent Attorney and Founder
Big Retailers Aren’t Built for Discovery
What happened with Walmart, Costco, and Toys “R” Us?
At first, it looks promising. You get the meetings. Buyers lean in. They smile, nod, and say, “This is really cool, send us a sample.”
That part feels good.
It feels like progress.
But then things slow down. Emails go quiet. Follow-ups drag. Orders never quite show up.
You start to wonder what went wrong.
In most cases, nothing did.
Big box retailers aren’t built to discover new products. They’re built to scale what’s already proven. If something doesn’t clearly show demand yet, it’s easy for them to pass, even if they like it.
That’s a hard shift for founders to accept.
Because interest feels like traction.
But it’s not the same thing.
Smaller Retailers Tell a Different Story
Now compare that with smaller retailers.
Different pace. Different mindset.
They’re more willing to try something new. More open to testing.
That’s where the first real orders came in. Not huge, not life-changing, but real. Enough to get product into customers’ hands and start learning what works.
And that early feedback matters.
It shapes everything that comes next, pricing, packaging, even the product itself.
Most products don’t jump straight into big stores. They grow into them.
Where It All Started
The founder’s story adds context to the whole journey.
He’s originally from Ukraine. His father worked in venture capital and currency trading, so business wasn’t new to him. It was part of everyday life growing up.
But that stability didn’t last.
His father passed away early, and not long after, everything they had was gone. He and his mom lost it all.
That kind of loss hits hard, especially at a young age.
He said that even as a kid, he felt this pull to rebuild, not just for himself, but to carry forward what his father had started.
It wasn’t loud or dramatic. Just a steady internal push.
Starting Young, With Almost Nothing
By 18, he decided to act on it.
No outside funding. No angel investors. No safety net.
Just him and a close friend, pooling their own money to get started.
They paid for early prototypes. Worked through production challenges. Figured things out one step at a time.
It wasn’t clean or polished.
But it was real.
And that’s usually how these things begin, less like a launch, more like a slow build.
When Partnerships Fade
At the start, his friend was fully involved, mostly handling the backend side of the business.
Over time, though, that connection faded.
It happens more often than people think.
One person gets pulled deeper into the vision. The other starts to feel less tied to it.
No big conflict. Just distance.
Today, the friend still owns 15% of the company, but he’s no longer involved in day-to-day operations.
That kind of setup can work, but it adds complexity.
Especially when decisions get harder and stakes get higher.
Looking Closer at the Product
At first glance, the product seems simple.
A building toy.
Easy to overlook.
But once you handle it, you start to notice the differences.
The pieces have flexibility. They connect in a way that allows for shaping, not just stacking. The design has a pixel-like look that gives it a distinct style.
It’s subtle, but it matters.
In toys, the experience is everything.
How it snaps together. How it bends. How it holds its shape.
Those small details are what make a product stick, or not.
The Patent Strategy
He moved early on protection.
Two utility patents were filed, along with a design patent. The design patent ended up being granted, which gave him at least some level of coverage.
That caught attention during the pitch.
Because a lot of founders talk about patents without fully understanding what they actually protect.
Design vs. Utility, Know the Difference
A design patent protects how something looks.
The shape. The surface. The visual appearance.
It doesn’t protect how the product works.
That’s the role of a utility patent, which covers function, structure, and how things operate.
The difference matters.
If someone changes the look of your product enough, they may avoid infringing on a design patent, even if the idea feels similar.
That’s the limitation.
Why Design Patents Still Matter
Even with that limitation, design patents can be useful.
If the product’s identity is tied to how it looks, then protecting that appearance has value.
In this case, the shape and visual style of the pieces are part of what makes it recognizable.
Another advantage is accessibility.
Design patents rely heavily on drawings, not long technical descriptions. That makes them faster and less expensive to file, which is important for early-stage founders.
They’re not a complete solution, but they’re often a practical starting point.
What Happened to the Utility Patents?
There wasn’t any clear evidence that the utility patents ever issued.
That’s not unusual.
Utility applications often go through multiple rounds of review. They get rejected, amended, and sometimes abandoned.
It’s a longer, more demanding process.
And even strong ideas don’t always make it through.
A Simple Rule for Founders
When deciding how to protect a product, it helps to simplify the thinking:
- If the function is new, focus on utility protection
- If the appearance is unique, consider design protection
- If both matter, you may need both
That framework doesn’t solve everything, but it keeps you grounded.
Manufacturing Risks and Protection
There’s also a practical benefit to design patents that’s easy to miss.
If you’ve created a custom mold overseas and that mold produces your exact design, a design patent can help prevent that same mold from being used to make parts for someone else, at least in the U.S.
Because the shape being produced is the protected element.
It’s not perfect protection, but it creates a layer of control.
The Limits of Design Protection
At the same time, it’s not hard to work around if someone is determined.
A slight change in shape. A tweak in structure.
That may be enough.
And since most products evolve over time, relying only on design protection can become limiting.
It’s something founders need to think through early.
The Branding Problem
Another issue that came up was the name.
It shifted between “Pin Block” and “Pin Blocks.”
It seems small, but it creates confusion.
For customers, it’s inconsistent. For legal protection, it muddies the record.
A brand needs clarity.
Pick one version. Stick with it.
Is the Name Strong Enough?
The name itself sits in a decent position.
It hints at the product but doesn’t fully describe it.
That’s usually where you want to be.
Too descriptive, and it’s hard to protect. Too abstract, and it’s hard to remember.
This sits somewhere in the middle.
Trademark Gaps
There didn’t appear to be much conflict around the name in the toy category, which is a good sign.
But there was one issue.
They were using the ® symbol without a confirmed registration.
Using ® Too Early
That’s not a great move.
Even if the legal consequences aren’t always severe, it can still create problems.
It signals something that may not be true yet.
A safer approach is to use “TM” until the trademark is officially registered.
It’s a small detail, but it reflects how seriously you handle your brand.
Labeling Matters More Than You Think
Marking your product properly is one of those things that feels minor, but isn’t.
If you’ve filed a patent, use “Patent Pending.”
If it’s issued, include the patent number.
Put it on the product when possible. If not, use the packaging.
It serves two purposes.
It informs others. And it signals that you’re paying attention.
Don’t Fake “Patent Pending”
Some founders leave “Patent Pending” on products long after any filing has expired, or without filing at all.
That’s risky.
It can mislead competitors and customers.
And if challenged, it weakens your credibility.
Accuracy matters here.
The Hidden Power of “Patent Pending”
There is, however, an interesting upside.
Before your application is published, no one knows exactly what you’ve claimed.
Competitors can see the product, but they can’t see the boundaries.
That uncertainty can slow them down.
They hesitate. They wait. They guess.
For a period of time, it creates a kind of quiet protection.
From Idea to Prototype
If you go back to the beginning, everything starts with the core design.
For a product like this, that means the connection points.
How the pieces snap together.
How they come apart.
How they hold under pressure.
That’s the foundation.
If that part doesn’t work, nothing else matters.
Designing for Patent Potential
If you’re aiming for utility protection, this is where you focus.
You look for something distinct.
Not just a small improvement, but a real difference in how it functions.
That’s what gives you a stronger shot at protection.
The Reality of 3D Printing
Prototyping introduces its own set of challenges.
3D printing is useful, but it’s not consistent.
Small shifts in calibration can change how parts fit.
One batch may feel perfect. The next may not.
Same design. Different outcome.
Why Fit Keeps Changing
It often comes down to tiny variations in accuracy.
When parts need to snap together cleanly, even small differences can affect performance.
That’s why precision matters so much in this stage.
How to Prototype Smart
The best approach is to stay iterative.
Print in small batches. Test often. Measure everything.
Use tools like calipers to confirm your dimensions.
It’s repetitive, but it’s necessary.
Material and Feel Matter
It’s not just about size, it’s about feel.
Different materials behave differently.
Some flex more. Some create more friction.
Finding a material that closely matches your final production plastic helps reduce surprises later.
Print Orientation Changes Everything
Even the direction you print a part can affect performance.
Layer lines can create resistance if they’re stacked poorly.
Adjusting the orientation can improve how pieces slide and connect.
It’s a small adjustment with a noticeable impact.
Prototypes Aren’t Final Products
Even the best prototype isn’t the end result.
It gets you close, but not all the way.
Production methods like injection molding will change the way parts behave.
That’s part of the process.
Moving Into Real Manufacturing
Once the design is close, you move into tooling.
Starting with an aluminum mold keeps costs manageable and allows for smaller test runs.
From there, you produce a limited batch and evaluate.
Adjusting the Mold
If something feels off, the mold can be adjusted.
Material can be removed or added to fine-tune the fit.
It’s not free, but it’s far more efficient than starting from scratch.
Scaling Up
Once everything works as intended, scaling becomes the focus.
Higher volume. More consistency.
That’s when the product starts to feel real, not just like a prototype, but something ready for the market.
The Confidence Turning Point
What stands out most in this process is the shift in mindset.
At the beginning, there’s uncertainty. A lot of second-guessing.
But as each step becomes clearer, confidence builds.
You can see it happen.
There’s a moment where the idea stops feeling abstract and starts feeling real.
Not guaranteed. Not easy.
But possible.
And for most founders, that’s the point where everything changes.