Fox 13 Consults With Bill Larson About the Importance of Intellectual Property

Dec. 13, 2013 - PRLog -- Even young inventors need to protect their ideas or risk losing them.  That’s what 11 year old Victoria McDuffie’s mother thinks happened when they sent several of her Furby idea’s to Hasbro.

Victoria enjoys playing with Furby dolls, but she always felt that the toys could be more colorful.  A talented young artist, Victoria sketched out several lively designs and decided to send some of her creative ideas to toy giant Hasbro.

"I decided to make it like a peppermint because it would be colorful and more fun to play with," Victoria said.

The company responded with a letter that stated in part:

"…while we can't consider your idea for legal reasons, (we are enclosing the material you sent to us), we want you to know that we will continue to work (and play) toward our goal of making you and your family smile whenever you play with a Hasbro product."

Six months later, Hasbro released a new line of Furby’s that the McDuffies believes were inspired by her ideas.

"We were disappointed that they didn't take her idea," said Tammy McDuffie, Victoria's mother.  "But we just filed it all away and said, 'You tried; great job.'  Then six months later, they're in the store."

How fast could Hasbro get an idea onto store shelves?

Bill Larson, an intellectual property attorney of Larson and Larson, says, "For large companies that have factories in China and have points of sale  ready to go, they can do it as fast as two weeks."

Without a trademark or patent, says Larson, companies have no legal obligation to pay – It’s bad business to offer even a small amount.

"It opens up the door and is recognition that you gave them something of value," Larson said. "So the argument is, OK, you recognized it has value, but you didn't give enough money."

So what does Hasbro have to say about it?  In summary:

"...the letter we received did not have any impact on the final product."

Legally there's nothing more that Victoria’s family can do, Larson says.

“They gave them a gift,” says Larson. “But what they need to know, and what everybody needs to know, is you need to use the laws to protect yourself; they’re there for a reason.  And if you don’t use them you have no excuse to complain later that someone took your idea.”