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mikenewman
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Inner circle
Maryland, home of the TAXED
1085 Posts

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I know a lot of you create and sell your effects/products, hence I am seeking your expierenced advice..

I have 80% created what I think will be a "New" trick/product and have NO idea how to go about selling it, patent it, etc. I know that it's VERY hard to patent an effect/product.

This is an actual handmade product with a trick going along with it and I have yet to see anything like it, at least not on the WWW.

Am I trying to get rich? Isn't everyone? No, not rich. Just some extra money on the side; but am REALLY enjoying making this and hope it will be something people will want.

I am just very skeptical and nervous to say anything to anyone (No offense to you guys), for fear of someone who has more time to make it and beat me to the punch.

We see copies everywhere, like the WOW, Brass Chips, Mystery Box, etc. I really don't see how they get away with copying others' works??? Another topic there I guess...

Any advice/tips will be GREATLY appreciated.

Thanks!!!
Mike
cupsandballsmagic
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Inner circle
2706 Posts

Profile of cupsandballsmagic
Mike,

There are some very knowledgeable people on the Café you could ask about the originality of your idea, depending on what type of effect etc it is. That would be a good start.

I understand you being careful about telling people exactly what it is just yet. While I have never had a problem with anyone on the Café but I have had people steal and try to steal things I have created though.

Only this morning I mailed someone on the Café about someone stealing their work and trying to sell it on an auction site. As it happened they already knew but it just goes to show that it does go on.

It may be an idea to get some reviews from Café members too, that way you ca "time stamp" your creation.

Feel free totake this to PM ifyou want to talk more about it.
Bri
gimpy2
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Special user
947 Posts

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Mike,
I looked into the patent process and it just costs to much money to be worth it.A patent wont get rid of the folks out there intent on stealing anyway.

I have tried several ways to sell my product heres what works for me.
I found that you need to be set up to build,market,research, and ship your own product.Nobody is intrested in selling stuff for the new guy on the block.It took me over a year to build enough trust out there to get picked up by a good dealer.
So you will need a website.I have had good luck getting people to my site by running ads on the Café.

I also found out it was important to find magicians who would test my products before release.Once I have something ready I do an uncut simple demo and put it out for comments.But make shure you have enough prouct to fill the orders when they come in.

I have found the Café to be the best place to get advice.The members here are some of the most kind and helpful people I have met.

Hope this helps,Gimpy
JamesTong
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Eternal Order
Malaysia
11208 Posts

Profile of JamesTong
Mike, spend some time at themagiccafe.com and get to know some of those very helpful and influential guys that can help you. There are quite a few here. Then PM them for advice.
mikenewman
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Inner circle
Maryland, home of the TAXED
1085 Posts

Profile of mikenewman
Gimpi, Bri, James,

Thanks for the info/tips. As expected, I appreciate the advice here...
Love this forum!
Mike
scolman
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Elite user
Cape Town, South Africa
441 Posts

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Hi Mike,
I run MagiCurios, a bizarre magic prop manufacturer that started functioning as a proper business about 4 years ago with many ups and downs and I would be happy to share my experiences with you. PM me and we can chat.
There are many unscrupulous folks out there that take advantage of the creative spirit - beware.

Simon
MarkTirone
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Inner circle
palming not 1 coin, but
1139 Posts

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I have an article that's going to start soon on itricks all about creating and selling your own products. It tells you everything about copywriting, promoting, getting quotes etc. If you havnt found anything by then, You should check it out.
mikenewman
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Inner circle
Maryland, home of the TAXED
1085 Posts

Profile of mikenewman
Thanks Mark!
Looking forward to it. What is the title of the article?

I recently stumbled upon Itricks. I am going to download some/alot of the audio podcasts for my Hour long drive to/from work!
MSN
jay leslie
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V.I.P.
Southern California
9495 Posts

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With all the exposure shows on TV it just goes to show you that we are only purveyors of trade secrets, Even if you have a patent the information about how it's made is shared and can be changed around to suit in many cases. There are no more "utility" patents anymore, in the US. products may only be patented for effect and not purpose.... that being said the other way to protect what you have is to copyright it like a play and give license to perform it. The writers guild can register the 'play" which is good for 5 years at a time. But lets say someone exposed your secret on TV. How would you prove what your possible future sales were? You are past the point of stopping him but the damage is done.

I have a patent for an item that's not magic. First it cost me over 4500 with me making the drawing and doing the patent search myself. Additionally I rewrote the second summation argument myself because they have a practice of denying the first attempt then making you defend yourself. There are upkeep charges and it's only as good as the enforcement you can afford. Very few magicians can afford to pay their patent attorney 2 to 400 an hour to chase after offenders especially if the product is being made in another country and you have to also pay an attorney there to represent you..... assuming that your patent is enforceable.

Case in point. A few years ago there was a hair product advertised on TV that could make a ladies hair into 15 different styles. It was a round thing with teeth that you twisted, anyway, I was in the wholesale district in LA and saw a hundred stores carrying the knock off.

If the inventor wanted to sue, they would have had to send cease and desist orders to the individual stores, find the us distributors, do the same then find the manufacturer and try to deal with them. In the meantime a different company might start making them and your at it again.

The magic business is run on the same code of ethics that pirates use "Honor among thieves" Here is really how it works... It's a gentleman's agreement that "I will not make your stuff if you don't make mine" In the twenty years, and because there are so many people making stuff in their garage, no one asks anymore, no one knows who to ask,,, people pretty much do what they want.
I have sent notices of our products and our ownership out many times but money rules. I would say that two dozen tricks we own the right to have been produced by other people.

So, Is it worth it to patent a trick? only if you're going to make enough money to make it worth protecting your investment.... and today... there are 35 new tricks a week at the distributers, every week, making the staying power of your item practically non existent. I ask you.... how many DVDs can be put out on "new" card tricks, there are only so many moves you can do.

But don't take my word for it, go see a patent attorney yourself and they will open your eyes. The processes in different countries alone is an education.
kmoels
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New user
10 Posts

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DON'T PATENT YOUR IDEA!!!!!!! Trust me. It will do absolutely NOTHING to stop some people from stealing the idea and using it in some way but if you patent it this means ANYONE can request the patent, meaning they have access to ALL of you plans, specifications, ect...
Providing Entertainment for over 8 Years!

http://www.kurtismoellmann.com/
mikenewman
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Inner circle
Maryland, home of the TAXED
1085 Posts

Profile of mikenewman
Thanks Jay! I don't have nearly that kind of money to Patent... I agree, bad idea to do so anyways. Not worth it. I got a headache just thinking about your thoughts and very good insights.

So much for my "5 Ways to DL a Card" DVD.... LOL.
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