Planter

Planter for Growing PlantsUS7171782 Cedric Le Quellec

Patent SummaryPublication number: US7171782Provisional App Filing Date: Feb 2, 2004.Filing date: Jan 28, 2005Publication date: Feb 6, 2007Inventors: Wilson A. Felknor, Ron C. Hicks.Assignee: Felknor Ventures LLC, Knoxville, TN

Solving a problemThis invention was sought to be the solution for people who didn't have the space or ability to plant traditional gardens. Unlike typical gardening and plant pots, now, no holes in the ground were required, no tying the plant down was necessary, and no bending over!

3Prior Art Prior ArtCiting Patents: 11US6874278B2

Cited Patents: 6

US5381625A(Expired)

US5555676A(Expired)

How it worksThis style of gardening saves space (multiple plants per planter), doesnt require stakes or cages, foils pests and fungi, has fewer weeds, efficiently delivers water and nutrients thanks to gravity, and allows for greater air circulation and sunlight exposure.Novelty: A plant insertion sleeve (34) has two sides connected to one another along a hinge so as to be movable between open and closed positions. The root of the plant to be transplanted is set within one side section when the sleeve is opened. Useful: For growing a transplantable plant within dirt or potting soil, so the plant continuies its growth, while hung.Non-Obvious: The way of securing the plant into the planter was different to what had previously been introduced.

New, Useful, and Non-Obvious?

Felknor Ventures LLCBill Felknor, is an inventor from Knoxville, TN, who sold millions of his planters since they first appeared on QVC in 2003.For example, he sold 60,000 planters in 7 minutes when it was first advertised on QVC. Felknor signed a licensing deal with Allstar Marketing Group, LLC in 2008 for Topsy Turvy, a device for growing tomatoes, cucumbers and other vine crops upside-down. Since then, he says more than 11 million units have been sold, making it one of the most popular gardening products ever introduced.

Legal Status

LitigationOn May 15, 2009, plaintiffs Allstar Marketing Group, LLC and Felknor Ventures, LLC commenced action against defendants Your Store Online, LLC, Chris Reoch, Paul Reoch, TV Market, LLC, and TV Marketplace, LLC, alleging, inter alia, violation of plaintiffs' trademarks and patents with regard to the "Topsy Turvy" brand tomato planters.They alleged that the defendants had infringed their trademark rights and patent rights in the products at issue by hanging planters identical in appearance to the Topsy Turvy under the name "Topsy Turny.They also alleged that the defendants used the copyrighted photograph of the Topsy Turvy in packaging and advertising for the Topsy Turny.

OutcomeAllstar was awarded a preliminary injunction in its patent and trademark suit, protecting its Topsy Turvy brand.

The preliminary injunction was handed down by the U.S. District Court for the Southern District of New York, barring defendants from making, selling or advertising products that infringe upon the Topsy Turvy trademark and patent owned by Allstar Products Group's partner Felknor Ventures LLC

RecallsThe Consumer Product Safety Commission announced a recall of 82,000 Topsy-Turvy Deluxe Tomato Planters and Stands.The commission counted "347 reports of the planters collapsing" and said that "155 consumers have reported injuries including lacerations, broken toes and bruises," plus property damage.The design was then reviewed to make the legs broader, adding a fourth leg and base that could hold sand or water, and lower the center of gravity.He still sold 10,000 of the newly modified planters in 7 minutes and still sells his products today.

Thank You!

12 Referenceshttp://www.topsytomato.com/index.phphttp://www.tninventors.org/sites/tninventors.org/files/newsletters/0904.pdfhttp://www.thomsoninnovation.com/tip-innovation/recordView.do?category=PAT&datasource=T3&databaseIds=PATENT&idType=uid&recordKeys=US7171782B220070206&fromDocDel=true&resultsetId=72852749&totalRecords=1&selRecord=1&&strategyId=&fromWorkFile=false&fromMarkedList=false&isAnnotated=false#Abstracthttp://www.google.com/patents/US7171782?dq=US+7171782&hl=en&sa=X&ei=VUWFU8H0BcSsyASzyoKwDQ&ved=0CDcQ6AEwAA