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PROGRESS 2008<br />

WATERTOWN DAILY TIMES Sunday,March Day,Month Date,Year 2,2008 13 C5<br />

Toying with ideas: marketing an invention can be tough<br />

By ROBERT RODRIGUEZ<br />

MCCLATCHY NEWSPAPERS<br />

FRESNO, Calif. — When a<br />

Fresno mother-and-daughter<br />

duo’s idea for a hide-and-seek<br />

doll made it onto the shelves of<br />

one of the nation’s largest toy<br />

stores, they felt like they had<br />

won the lottery.<br />

Shelly Conte and her mother,<br />

Cindy Reichman, were riding<br />

high. Their patented Hide-N-<br />

Seek Hayley doll was being sold<br />

at Toys “R” Us stores nationwide,<br />

becoming a top seller during the<br />

2005 holiday season.<br />

“I remember someone telling<br />

us that we were going to be millionaires,”<br />

said Shelly Conte. “And<br />

I was thinking about it, no doubt.”<br />

But Conte and Reichman’s<br />

dreams of fame and fortune began<br />

to unravel about a year later<br />

when a major player in the industry<br />

put a new spin on its popular<br />

Care Bear by introducing a<br />

hide-and-seek version. It soon<br />

edged out Hide-N-Seek Hayley,<br />

whose sales began to plummet.<br />

Business experts say that in a<br />

fiercely competitive market for<br />

new products, copycats and timing<br />

all play a part in whether a<br />

new product stays on a store’s<br />

shelves or is relegated to the bargain<br />

bin. And to survive, they say,<br />

an entrepreneur must be market<br />

savvy, develop brand loyalty and<br />

“sleep with one eye open.”<br />

“This can be a very tough<br />

business, and knockoff products<br />

are commonplace,” said Tim<br />

Walsh, a Florida-based toy inventor<br />

and author of “Timeless<br />

Toys,” a book that looks at classic<br />

toys and the people who created<br />

them. “The problem is that success<br />

often prompts others to<br />

want in on what you are doing.”<br />

Walsh said a classic example<br />

is the Hula-Hoop. The name was<br />

trademarked in 1958 by Wham-<br />

O, but it didn’t stop others from<br />

cashing in on the plastic hoop’s<br />

popularity.<br />

Walsh estimated that over the<br />

years Wham-O has kept only a<br />

quarter of the market.<br />

Inventors say they never rest<br />

easy: The possibility of a much<br />

larger competitor taking them<br />

out is always a chief concern.<br />

“I know I could wake up one<br />

day, and it could all be gone,”<br />

said Kathleen Whitehurst, co-inventor<br />

of DaysAgo, a digital daycounter<br />

that attaches to food<br />

containers and measures freshness<br />

of refrigerated products. “It<br />

is a cruel world out there, and<br />

that’s why you have to cover all<br />

your bases.”<br />

Part of Whitehurst’s strategy<br />

was to get her product distributed<br />

in foreign markets, where copycats<br />

often spring up. The DaysAgo<br />

counter is sold in the United<br />

States, Canada, Sweden, Norway,<br />

Iceland, Australia and Japan.<br />

“You basically have to get out<br />

there first and establish yourself<br />

as the recognizable brand,” said<br />

Whitehurst, of St. Helena, Calif.<br />

“But you are never safe. You just<br />

have to keep pedaling as fast as<br />

you can.”<br />

Jennifer Barney, the Fresno<br />

mom who created Barney Butter,<br />

an almond spread, credited<br />

her survival to maintaining<br />

strong relationships with the<br />

grocery stores that carry her<br />

product. She said she holds<br />

product demonstrations in as<br />

many of the stores as she can.<br />

“It can be exhausting,” said<br />

Barney, whose butter is sold in<br />

six states and 106 stores. “But the<br />

bottom line is they want to see<br />

sales, and I will only stay alive if<br />

my product sells well.”<br />

Rookie inventors Reichman<br />

and Conte said their tumble<br />

from Toys “R” Us taught them<br />

many hard lessons, the most<br />

sobering is that patents don’t always<br />

protect you from copycats.<br />

Shocked and frustrated by<br />

their abrupt sales slide, Conte<br />

and Reichman terminated their<br />

contract last year with Hayley’s<br />

manufacturer, the Kid-riffic toy<br />

company in St. Louis, which they<br />

fault for a lack of promotion.<br />

Kid-riffic CEO Michael<br />

Roberts could not be reached.<br />

“We are almost in the exact<br />

same position we were eight<br />

years ago, when we started this<br />

idea,” Cindy Reichman said.<br />

Reichman and Conte considered<br />

suing Play Along, the Florida-based<br />

Care Bear makers, but<br />

backed off after a lawyer specializing<br />

in such cases advised that<br />

they didn’t have a strong enough<br />

case. And even so, experts say,<br />

defending a patent can cost<br />

thousands of dollars in legal fees.<br />

A spokeswoman for Play<br />

Along’s parent company, JAKKS<br />

Pacific, stood by the company’s<br />

v<br />

BUSINESS UPDATE<br />

FRESNO BEE<br />

Cindy Reichman, left, and Shelly Conte, mother and daughter, are pictured with their invention, a Hide-N-<br />

Seek Hayley doll. The doll was once sold at Toys ‘R’ Us, but competition forced them out of the store.<br />

decision to create the hide-andseek<br />

Care Bear. Genna Rosenberg<br />

of JAKKS Pacific said the<br />

owners of Hide-N-Seek Hayley<br />

would only have a case for trademark<br />

infringement if Play Along<br />

gave its bear a similar name to<br />

the Hayley toy.<br />

The daughter-mom inventor<br />

team’s patent attorney, Richard<br />

Ryan of Fresno, agreed, saying<br />

Play Along was careful not to<br />

copy the name “Hayley” or the<br />

specific technology used by the<br />

doll to play hide and seek.<br />

Hayley, a soft 15-inch doll,<br />

comes with a hand-held radio<br />

v<br />

device that offers clues to where<br />

she’s hiding. Depending on the<br />

distance, the walkie-talkie will<br />

tell a child whether he or she is<br />

getting closer or farther.<br />

“Realistically, their competitor<br />

is doing it differently — and<br />

frankly not as unique as the Hayley<br />

doll,” Ryan said. “But it is not<br />

unfair competition, it is just<br />

competition.”<br />

Reichman and Conte have<br />

made calls to toy companies and<br />

placed ads in industry magazines<br />

hoping to find a new manufacturer<br />

— all with no luck.<br />

Although Hide-N-Seek Hayley<br />

didn’t make millions as Conte<br />

and Reichman dreamed of, it<br />

did bring in about $100,000,<br />

which the pair split and used to<br />

pay bills.<br />

Conte also bought a couch<br />

and a washer and dryer.<br />

Still, the pair is not giving up.<br />

They want Hayley and a companion<br />

toy, a hide-and-seek dog<br />

named Sammie, on store<br />

shelves and they’re also hoping<br />

to enlist the help of Congress,<br />

the general public, even Oprah<br />

Winfrey, to push for tougher<br />

protections for small inventors<br />

and against copycats.<br />

Children’s home year<br />

highlighted by expansions<br />

The Children’s Home of Jefferson<br />

County expanded services<br />

this past year by establishing<br />

a Big Brothers Big Sisters affiliate,<br />

expanding its prevention<br />

programs into St. Lawrence<br />

County and renovating its residential<br />

treatment facilities.<br />

Big Brothers Big Sisters of the<br />

North County, which received<br />

its national affiliate status in<br />

January 2007, has enrolled more<br />

than 200 children in its community<br />

and site-based programs,<br />

matching volunteer adult mentors<br />

with children and providing<br />

continuing support and activities<br />

to participants. The affiliate<br />

is operating site-based programs<br />

in partnership with<br />

Beaver Falls New Life Fellowship<br />

in Lewis County and the<br />

Potsdam Central School District<br />

and SUNY Potsdam in St.<br />

Lawrence County.<br />

CHJC developed agreements<br />

with the Carthage, Massena and<br />

Potsdam school districts to implement<br />

its Wings program,<br />

which works with a district’s<br />

highest at-risk students and<br />

their families to provide services<br />

and coordination to improve<br />

student performance and behavior.<br />

The agency also completed<br />

a $425,000 renovation of<br />

one of its four cottages, the first<br />

major renovation of residential<br />

space in 80 years.<br />

Plans for 2008 include developing<br />

new partnerships with organizations<br />

to expand BBBSNC,<br />

prevention and other community-based<br />

programs, as well as<br />

developing funding streams for<br />

the continued renovation of its<br />

residential cottages.<br />

Founded in 1859, CHJC<br />

evolved from an orphanage and<br />

foster care facility into a regional<br />

residential treatment facility for<br />

delinquent, neglected and<br />

abused youth. Through the past<br />

decade the agency has followed<br />

the human services trend of<br />

working with troubled families<br />

to avoid out-of-home placements,<br />

developing a slate of<br />

community-based programs<br />

that include foster care, delinquency<br />

prevention, aftercare<br />

treatment, and casework service<br />

for special populations.<br />

CHJC is headquartered at<br />

1704 State St., <strong>Watertown</strong>, where<br />

its residential treatment program<br />

is located, and operates its<br />

community-based programs<br />

from the Marcy Building in<br />

downtown <strong>Watertown</strong>. The<br />

agency employs 150 professionals<br />

and support staff. CHJC in<br />

fiscal 2007 served nearly 900<br />

clients, more than double the<br />

number served in 2002.<br />

Karen Y. Richmond is executive<br />

director of the 501(c)(3)<br />

nonprofit agency, and Mark G.<br />

Waterbury is president of its<br />

board of directors.<br />

School of dance, piano<br />

marks third year in city<br />

Centre Des Arts <strong>Watertown</strong>, a<br />

school of dance, piano, theater<br />

and French operated by Kimberly<br />

A. Mittelstadt at the Lincoln<br />

Building, 95 Public Square,<br />

Suite 308, <strong>Watertown</strong>, marked<br />

its third year in January.<br />

Ballet is central to the dance<br />

program and it is recommended<br />

that all students take at least<br />

one year of ballet. Classes are<br />

available for students age 3 to<br />

adult. There are also pre-pointe<br />

and pointe classes. Tap is taught<br />

to students ages 3 to adult. It is<br />

N<br />

recommended that students<br />

who take tap also take ballet for<br />

OW<br />

at least<br />

IN HDTV!<br />

one year. Jazz dancing is<br />

taught to students ages 7 to<br />

adult.<br />

Each piano lesson is 30 minutes<br />

long. Students need to have<br />

a piano book that they can use<br />

to practice with. French classes<br />

run for six weeks and it is recommended<br />

that beginning students<br />

purchase the book<br />

"French in Ten Minutes A Day."<br />

Classes sections are taught by<br />

age and grade in school. Private<br />

and Semi-private tutoring sessions<br />

are also available.<br />

Theater classes run for six<br />

weeks and cover auditioning,<br />

acting, singing, movement,<br />

character development and<br />

makeup.<br />

Mrs. Mittelstadt is a graduate<br />

of Potsdam State University College<br />

with a bachelor of arts degree<br />

in French and a master of<br />

science in reading.<br />

She is state-licensed to teach<br />

French, reading and elementary<br />

education. She has directed numerous<br />

shows for the <strong>Watertown</strong><br />

community and is currently<br />

the president and<br />

founder of the Northern New<br />

WWNY 7NEW S<br />

T HE N ORTH C OUNTRY ’ S F INEST<br />

York Dance Alliance. She was instrumental<br />

in forming Dance<br />

Festival Week and bringing nationally<br />

known professional<br />

dancers to <strong>Watertown</strong> to conduct<br />

workshops.<br />

In January Mrs. Mittelstadt<br />

directed a Little Theatre of <strong>Watertown</strong><br />

production of “The Lion,<br />

the Witch and the<br />

Wardrobe,” a children’s play<br />

based on the C.S. Lewis book.<br />

For more about Centre Des<br />

Arts <strong>Watertown</strong> call 782-0908, or<br />

e-mail twins@twcny.rr.com<br />

The Rookery specializes<br />

in condominiums for birds<br />

EVANS MILLS — The Rookery,<br />

31139 Gardnerville Road, is<br />

a business in which Robert Ashley<br />

builds 16-room condominiums<br />

for birds.<br />

It began last October when<br />

Mr. Ashley made a martin condo<br />

for his niece as a Christmas<br />

present.<br />

“I found out after having major<br />

heart surgery and a pacemaker<br />

that strenuous work was<br />

out of the question,” Mr. Ashley<br />

writes. “I have always had an interest<br />

in building things but<br />

never had the time to pursue it.”<br />

“I build 16-room martin condominiums<br />

and regular bird<br />

houses. The houses are built to<br />

last out of lumber, not plywood.”<br />

“I never knew there was such<br />

an interest in the martin houses<br />

until I started building them,”<br />

he writes. “Do you think it might<br />

be because the Martins eat so<br />

many mosquitoes?”<br />

For more information call Mr.<br />

Ashley at 629-4200.<br />

Visit morganstanley.com

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