Imitation is the Highest Form of Flattery

Inventor • Alchemist • Pioneer Imitation is the Highest Form of Flattery

Business Advice

Rose could probably have done just fine without the immense amount of flattery that came in the form of imitation and infringement on her patents and trademarks from some of the major cosmetics corporations. As they say, no good deed or idea goes unpunished or ignored.

However, Rose has always been a survivor, and when necessary, she’s become a warrior. Just as she was called upon to stick up for herself when presenting her case to the patent office, she was continuously called upon to arm-wrestle some of the giants of the cosmetic industry to protect her products and her patents from outright thievery. Lessons Learned In the state of California, for example, the average cost to fight one patent infringement is three million dollars. Rose and Lip Ink International have eight patents to protect, so you can imagine the expense for a small company to protect its product line from major competitors. This is a harsh reality that most inventors and entrepreneurs don’t think about when filing a patent. This was a lesson Rose learned when she least expected. Rose’s advice – don’t file patents. According to Rose, one thing the patent attorneys will never tell you is that even if you comply with all of the government regulations and meet all of the criteria to receive a patent, all you have left is a patent. The defense of that patent is not included in the price if you are going to write a patent. Rose’s best suggestion is to develop a patent ready for litigation. 1) Write a patent. 2) Hire a litigation attorney to search for weaknesses in the patent. 3) Write a new patent protecting your idea from the elements that the litigation attorneys found in step 2. Another tip you might not know is, once a business files a patent infringement to protect an existing patent that they own, there’s no turning back. It takes off into the legal system and has a life of its own. It’s a bit like enlisting for the armed forces. The patent holder cannot change their mind and decide that they no longer want to spend money on the lawsuit. If you cancel for any reason, you automatically lose the case. Even worse you could end up writing a check to the defendant for their time and attorney fees.

The outcome of Rose’s legal battles were ultimately victorious, though the experience was exhausting and discouraging. With so few players at the top of the industry, and so much market power in too few hands, a little company like Lip Ink International was really the David to their Goliath. Today, several major cosmetics companies have been put on notice for using her registered trademarked names. Others were required by law to include wax in their products or pay a licensing fee to Lip Ink International for the use of Rose’s patents. This requires companies to distinguish their products from the one and only, Lip Ink International.

“I filed patents, yet walked into an industry that doesn ’ t respect or support them. I invented a technology that far surpasses all products in the cosmetic industry over the past 50 years. My consumers are aware of this and I am proud to have that following.” Patent licensing meeting—disappointment follows