Invention Promoter's Name: IP&R (Inventors Publishing and Research)

Complainant's Name: Randall Scott Berens

Response:

Mail Stop 24
U.S. Patent and Trademark Office
Inventor’s Assistance Program
P.O. Box 1450
Arlington, VA 22313-1450

Dear Sir or Madam:

The following letter is intended to address the points raised by Mr. Randall Scott Berens in his undated and unsigned complaint against IP & R Inventors’ Publishing & Research, LLC (IP&R) and attached hereto.

In October 2005, Mr. Berens presented his invention- a patented racquet string adjustment hand tool called the “Power Key” to IP&R. Mr. Berens and his partner had already manufactured and sold a relatively small quantity of the product in several colors of transparent plastic. They wanted to expand the market sales.

IP&R agreed to market the Power Key for a term of six months, during which IP&R performed each of its obligations of the marketing agreement. In particular, IP&R performed the following services: (1) IP&R delivered to Mr. Berens a through and detailed marketing research report; (2) IP&R created a one-page, full color marketing data sheet, intended to provide manufactures with a quick overview of the invention’s features and benefits; (3) IP&R represented Mr. Berens’ product at several sporting goods trade shows and logo product tradeshows; (4) IP&R contacted over fifty (50) manufactures, distributors, retailers and potential licensees on Mr. Berens’ behalf, as detailed in the monthly reports delivered to Mr. Berens as promised in the agreement; and (5) IP&R made an in-person, corporate visit to a manufacturer on Mr. Berens’ behalf.

In addition, IP&R extended Mr. Berens’ contract for two (2) months of further marketing and reporting at no additional charge. Mr. Berens’ product manager also contacted the manufactures, distributors, retailers and potential licenses suggested by Mr. Berens. IP&R routinely kept Mr. Berens abreast of its marketing efforts through regular telephone conversations. Among the expressions of lack of interest that IP&R received during the marketing were that tennis players” just use their fingers,” players “don’t want to carry a tool,” and “there are other products out there that do the same thing.” While IP&R sincerely regrets that it was not able to find a market for the invention, its marketing efforts surpassed the contractual obligations.

In response to Mr. Berens’ specific allegations, IP&R is surprised that he has made this complaint because all of Mr. Berens’ issues were resolved in IP&R’s favor by an experienced American Arbitration Association arbitrator. Over the course of an entire day, Mr. Berens and his partner offered the evidence described in the complaint form, while IP&R provided proof of its performance as described above. To be certain that he heard all of Mr. Berens’ evidence and arguments, the neutral Arbitrator even allowed Mr. Berens more than his share of time. In the final ruling, the arbitrator addressed all of the evidence and arguments of both parties. He impartially determined that IP&R fulfilled all of its obligations and that IP&R did not mislead Mr. Berens or his partner as they had claimed. The Arbitrator found that IP&R was not liable in any way and denied all of Mr. Berens claims against IP&R.

We thank the Patent and Trademark Office for bringing Mr. Berens’ complaint to our attention, and we trust this letter adequately responds to it. Please do not hesitate to contact me directly should you or Mr. Berens have any further questions or comments in connection with this matter.

Very truly yours,

IP&R Inventors’ Publishing & Research, LLC

/s/Anthony Flores, Esq.
General Counsel
(800)627-5382*1123

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