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By J.D. Houvener
Patent Attorney and Founder

[Music] hello Barbara hello gentlemen my name is Steve gadlin and my company is I want to draw a cat for you I’m seeking a $110,000 investment in exchange for 25% of my company little music

maestro hey there sharks my name is Steve I got an offer that you won’t believe for the low price at just 10 grand you get a quarter of my company understand you go to my site you describe a cat I draw it I mail it it’s as easy as that I’d invest if I were you and I want to draw a cat for you I’ll draw you a cat that’s short and fat I’ll draw you a cat with a pork pie hat I’ll draw you a cat whatever the vibe I draw the cat that you [Music] describe I want to draw a cat for you I want to draw a cat for you I want to draw a cat for you I want to draw a cat for you well done so love the dancing thank you God that’s my signature move Now by now I’m sure you’re asking yourself how did this idiot make his way into the Shark Tank well let me tell you there is an economy for stupid and I am overflowing with it now with their Universal appeal my cat drawings are poised to be the next pet rock I charge people $9.95 for my cat drawings $932 of that is is profit I took the liberty of drawing some cats for each of you ones I thought you might order if you came to my website so Robert I know you’re into fast cars thank you Steve Barbara you just closed the deal and you’re looking fabulous vroom vroom Mr Wonderful you are taking your morning uh bath and your tubo cash Damon here’s a fancy man about the town and Mark congratulations on your Championship thanks sir I have customers who’ve bought enough of these drawings to start their own cat drawing Gallery why are people buying them people ask for their dead pets they want to draw about their breakup or sometimes I have cats fighting an octopus and a T-Rex on the moon so they try to test you for like Bizarro stuff too yeah part of it is hey they know this is going to go up on the website they want to show off their crazy idea so you post all these drawings s on the website yeah and then they share them with their friends and then their friends come and they purchase cat drawings to outdo one another um and there are some people who take this very seriously you draw these yourself I draw these myself I sit down at a table and I I take this person’s very personal request uh let it play around in my head for about a minute and then I can knock one of these out in about 2 minutes how leverageable is that how many can you draw in a day I can draw about 25 of these in an hour uh in a week I can knock out about a thousand of these but that’s just with me doing this by myself you know as this business grows because of the profit margin it starts to pay for its own growth so the really nice thing about this is I’m a web developer when I’m not drawing cats I’m building websites so I don’t have that overhead that any other company would have what are your sales today okay I’ve sold over uh 1,200 of these cats in what period of time this is about a year uh I’m looking at his website man he’s got like it appears that he’s done almost 22,000 of these goodness I that was early days Shark Tank yeah and he’s you know he charges 25 bucks now to do one and uh he says he’s year out because he only does one a day now so maybe it’s swizzled but uh that that’s a pitch man that’s a that’s a song that’s a pitch uh cool interesting weird weird yeah um you know it’s one of those business I I was I don’t spend too long on it but um opportunities to scale something like that you’d have to hire artists I suppose um and get and get enough marketing to make it make sense sense um let’s talk intellectual property uh so I mean I’m thinking um patenting is just going to be so far out of the question um you’re just drawing um if there is oh I’m struggling yeah think like what what if he developed some this hypothetical right what if he developed um some artificial intelligence tool that he owned right that took his is um aesthetic yeah right and applied it to people’s requests so you like I want a dancing cat or right I want um a cat on a motorcycle yeah it’s almost drew it the aesthetic right it drew it because I know that the AI can do that now and you know would have to license the AI but it could use his kind of design cues right I I I don’t know you tell me that sounds cool it sounds like you know you’re basically you could come up with your own font right if you just printed enough letter right yeah this is like how this is like the thickness of the lines we use this is the style these are the colors right here’s a portfolio of previous done images right reference these kind of in your in your new design Y and um yeah I know AI can do that now which is crazy but um yeah maybe that’s a way he could automate this okay love that maybe that’s patentable um from a trademark perspective I don’t think so right so I want to draw a cat for you is pretty descriptive right and there’s nothing necessarily wrong with just descriptive trademarks but it’s merely descriptive there’s nothing else there in that name um you know it is extremely descriptive right maybe the logo where he’s got his face you know on the on the logo is is registerable but that’s about it okay um copyright for sure okay so those artistic Works have happening here so let so as soon as the artist this guy draws it now if it’s on a commission it gets a little bit more confusing let’s just start with the first order right as soon as you create something draw and it’s from your own mind it’s yours you have a copyright in that and then so he would in that case for no matter what he makes but if a customer orders it and in their in the terms and conditions they’re designating it as a work for hire okay correct very specific language legal language um that will um in a way transfer ownership of the copyright meaning any creative work that he makes under this contract belongs to you the customer so I’m not how they would handle it you know it depends on what kind of T’s and C’s he’s got um but for the most part I would assume if he’s selling it he’s transferring All rights of that work to yeah I don’t know I’m looking I’m looking at his website I’m looking at the terms and conditions I’m getting an error I don’t know I don’t know if it’s a work Made For Hire um or not it would be smart of him as part of that agreement I’m just rambling a little yeah to retain a license to use for marketing purposes to say right and that seems like kind of what he’s doing right because when he draws something he posts it yeah yeah so that’s probably true for most artists out there if any about there’s listening or now after the fact or you know 10 years from now creting things you know that a sale is very interesting you may want to be careful um with that term and maybe work with an attorney yes attorney to draft language you know kind of like how there software licensing agreements right you know they’re not never really gonna sell it to you they’re licensing it to you under very the uh the biggest issue I see with artists is um and their copyright is when they dabble in logo design and they want to own the logo right and that’s not something you as a trademark holder want right you want them to assign All rights to that you know design copyright trademark rights to you as the owner right the uh the customer right as a work Made For Hire yes and a lot of artists don’t like that idea that they’re giving up their creation right when in fact that’s what you’re getting paid for exactly yeah so right on well we’re at the end of hour we’re going to um I’m put this comment here so there for Action takers schedule a free 20-minute Discovery call and you get a copy of this copywritten book bold ideas the inventor’s guide to patents um thank you Matt for going down that that journey of weird and funny patents with me oh yeah that’s what I do work up a little trademark deck for us and we’ll go through that yeah I will I will um yeah there’s plenty of there’s plenty of weird trademarks out there lot of wi are you know some some inappropriate we can find some some PG-13 ones exactly let’s kind of find that let’s find that edge a little bit yeah tv14 we’ll find we’ll find that you know that edge I like that thank you man and thank you all for listening um if you miss us and you want to catch us live we are here every Wednesday 1:30 Pacific and 4:30 on East Coast for Matt and I and bold patons wish you guys a wonderful day go big go bow

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