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By J.D. Houvener
Patent Attorney and Founder

Hi sharks my name is Tommy Priscilla and I’m an Air Force pilot from San Diego California I’m here today seeking 100 000 for 25 of my company I love summer days,

evening baseball games

to Iraq Afghanistan Africa you know those places get crazy together in a creative way to stay cool videos

[Music] all right uh-oh yeah a lot of sales yeah and I got a couple Notes too uh yeah so somewhere around here I’ve got a want noise but like you know the the seven thousand dollars look it looks like a fantastic idea and I can tell you that the challenge he’s going to run into in sales that there really just isn’t a market for right it’s a great idea someone’s going to kick the tires say wow I’d like that but then realize that I’m just gonna blow up inflatable right like so it’s a great gimmick great idea he’s got a patent and I don’t I just don’t know where it’s going to go if he’s only got seven thousand dollars in sales so as a as someone looking for investors um you know if that was seven hundred thousand dollars I guarantee you that would be a whole different conversation yeah they did they went back and forth about three or four minutes about yikes that does a really low sales numbers and and the margins weren’t all that great yeah so that was a huge huge Point um Matt I’ve got I want to have you talk trademarks first did you look that up yeah yeah so I found their trademark registration and they do have a registration um but it’s a design mark so designer is the logo yeah as opposed to a word Mark which is typically kind of preferred to be totally honest and that protects the letters of the name pick up pools so they opted for a design mark smartly because there’s no way they can register pick up pools as a word marketing because it’s descriptive of the product so terrible name um but they did manage to register the the logo Associated to it with a disclaimer to pick up pools so you can start a business called pick up pools I can start a business called pick up pools you know and not get sued for trademark infringement unless we violate their design yeah so and I will you know excellent to know yeah so if you’re if you’re saying you know at least they got something started um and looks to be registered so good for them on the patent side that got the attention of Mark I mean Mark asked right away hey what is that patent for and and he kind of quickly snapped back this is for um basically preventing it’s a watertight barrier um and and not just for truck beds they actually I want to give them some Kudos the the patent attorney to help them with this did quite a good job I’m going to pull the patent up and go go Pat and nerdy on you guys yeah I had a chance to pull this one up um and no doubt about it Thomas pristella Sherwood Arkansas Country Boy uh and a service member thank you for your service again this is the issue filed in 2014 and granted in 2016. so it’s good for 20 years from the date of filing so it’ll get to the 2034 over 10 years of life left on it um you can see some of the pictures the exactly what he was showing a lot of folks that are new to looking at patents they think oh okay he’s got ownership on these drawings and he this is what he owns um but we actually find out at the bottom is the claims that’s what you actually find of the written words is what he actually owns so you just scroll down to the bottom we’re on page I don’t know phase seven claim one um and what I like about this you will not find the word truck in this entire claim so what’s great is it does not limit to truck but it does require four elements okay and that’s where I think there’s a quite a bit more limitation that he’s letting on here right adaptable barrier I’m not gonna read the whole thing but it’s I’ll read the first preamble for reception within a cavity which is cool right open cavity defined by at least one elongated object providing a watertight compartment comprising is a fancy word uh it means at least these elements and so there’s one two three four five elements to this independent claim so all five of these things have got to be present in order for it to be infringing so there’s got to be a base sheet with a front edge this side wall and then the sidewall this third element we’re in the base sheet inside will are connected okay that’s not too hard to appreciate but this interesting part is this peripheral Rim which I don’t think we could see this looks like a separate Rim portion that goes around has to go on top of what you saw the the bed of the truck or that whatever that cavity is and then there’s this hugging effect which is interesting now the hugging effect is going to be described in the spec what I thought was decent is actually pretty cool that they didn’t specify sometimes you see these inventors will do their own patents and they’ll say it’s just for the bed of a truck you know yeah I’m kind of curious about that Judy I mean he even mentioned that this is something that you know he’s seen for right on Tick Tock or YouTube or wherever he saw it originally how is you know how is that life hack yeah that’s one of those life hacks when each of those elements so in order for for those uh you know the prior art they didn’t have all those elements broken out so yeah the more elements the more wording you see on a claim means it’s a narrower scope okay in general but I just want to highlight that you know kind of a pro and a con on the actual patent uh asset dudes dude’s got a fancy Tower he does a super fancy tarp you nailed it um not a deal okay Barbara Cochran offered him um a deal but you know sort of contingent upon working with his wife which was interesting Mark did it he offered it 33 for 100 grand really unfortunately it appears that they’re no longer in business um and so I think just for whatever reason you go to the um let’s see let’s go here where I was like I can give you the reason yeah yeah unavailable here currently but maybe they’re selling somewhere else I don’t know yeah but what do you think Peter well so when I went on Amazon what we were showing on that um there’s other there’s other products out there now that are inflatable in 79 so really the 79 price point is where and I look at it this way when you’re bringing a gimmick to Market you have to understand people consumer Behavior 20s 40s 60s 80s hundreds that’s kind of like certain products in the gimmick world if you exceed those you know we’ll spend 20 bucks on a gag gift no big deal right never think about the value of that I’ll spend 60 on a tailgate game never think about that because that’s about the average you know a pickup truck pool liner bed uh yeah 100 bucks you know but if it’s 80 I’m getting it for sure right so I I have to own a pickup truck and I I gotta own it so the ones that you see on Amazon that are selling really well in that same style are inflatable on the side so that when you actually sit in the truck it’s a little bit more comfortable but the key Point here is someone took the time to take the tarp like you said the fancy tarp and turn it into a product just that inflatable sides makes it look like a product and not gimmicky where I’m you know again for 200 I’m thinking you know I know where I can go I can get some vinyl and I can do this myself and and you know almost like life hack it and that’s that’s what you don’t want you consumer has to look at that product and go I can’t make that in my garage that’s perfect it’s like and it’s done it’s like convenient it’s it’s inexpensive and it’s done and that’s that’s my starting point when I look at things versus I think again most times inventors they think well what how do I protect the idea and you know like and this is look at this is why we were friends like I know they call you before they call me I just I can only advise that if you’re going to do any type of investment get your bang for your buck I mean there’s it’s really easy to own your own product on on Amazon today like you know there’s there’s companies that that are you know sell five six million dollars annually that are owned by single individuals that divide you know invented a product we have several of them

About the Author
J.D. Houvener is a Registered USPTO Patent Attorney who has a strong interest in helping entrepreneurs and businesses thrive. J.D. leverages his technical background in engineering and experience in the aerospace industry to provide businesses with a unique perspective on their patent needs. He works with clients who are serious about investing in their intellectual assets and provides counsel on how to capitalize their patents in the market. If you have any questions regarding this article or patents in general, consider contacting J.D. at