Questions of trademark infringement are rarely black and white, and often must be made by balancing many factors.  For example, several Community members have voiced concerns over Quirky’s use of the Linkets name for our cardboard connectors product, in view of the Edushape Linkets product.   Both products are directed primarily to children, and share the same name, so I can understand the questions from those Community members who may have avoided the name Linkets during the product naming phase.  However, several important factors mitigate against risk of trademark infringement.  First, Edushape’s use of Linkets is heavily descriptive of their product.  It is fundamental to trademark law that one cannot trademark a word/phrase that is primarily descriptive of the related goods or services.  Second, Edushape has taken no clear steps to claim any trademark rights in the name for use with its product, either through attempts to register the name with the USPTO or by claims to common law trademark rights on its website or product packaging.  These two factors reasonably lead to the conclusion that Edushape would not object to Quirky’s use of the name Linkets in connection with the cardboard connectors product.

However, the foregoing analysis has shifted somewhat now in view of the volume of discussion in the Quirky blog and forum positing that Quirky’s use of Linkets constitutes trademark infringement.  This public discussion increases the likelihood that Edushape may take notice and object to something that they may otherwise have left alone.  While we have not changed our assessment of the legal merits concerning our use of “Linkets” in view of the Community discussion, we have shifted our assessment of the practical merits – namely that it is now more likely that we might have to expend resources on defending our use of the name than it was prior to the blog and forum discussions.  As such, we think it is now prudent to move to a different name and tagline proposed by the Community that may have not been our first choice, but doesn’t present the expenditure risk that has developed over the past several days.

The new name and tagline for the cardboard connectors is JUGO and JUST ADD CARDBOARD.

In the future, so that we might attempt to avoid repeating an outcome of this nature, please contact us with IP issues concerning our products, via direct email at Questions@quirky.com, so that we can investigate the issue privately.  In the end, this approach will yield a more beneficial outcome for the Community as a whole.

Continued thanks to the Community for supporting us.

You simply want everyone to be happy and successful.

You’ve spent the past few years managing a rapidly growing online community that works tirelessly to throw virtual sheep at each other, or something equally as important to the future of the universe.

But, for one reason or another you’ve quietly been looking around for opportunities to take the helm of a community that is actually doing things.  Making things.   Changing things.

We’re looking for someone to be the Head of our Community:  A quickly growing community of more than 170,000 people that has literally changed the face of invention.

This is a huge job.

You will do the following:

• Report directly to our CEO.
• Be held accountable for the health and happiness of a global community of creative people.
• Be their seat and voice on the Quirky Executive team.
• Fight passionately for what is right for our community of inventors, influencers, and customers, and communicate our decisions and plans frequently and effectively.

If you’re right for the job:

You’re as persuasive as you are persuaded: Confident an approach is the right one? Persuading the masses it’s the right direction isn’t going to be tough.   Not quite sure?  You’re open and expectant of feedback.

You believe in people: Plain and simple, you expect the most out of your fellow human beings- and you build systems & plans that help people maximize their potential.

You know how to say no: A big part of our day to day interaction with our community involves saying no, gracefully.  Unfortunately, we can’t make everyone’s product real.  We want to make sure those who hear a “no” from us understand why, and walk away at the very least, educated.

You’ll take the bullet: You’re that unique type of person that will put themselves in the line of fire.  You’re the champion of change within the company.   You’re willing to have a decision temporarily hated, with the hope that it will be enduringly revered.

What’s right for them is right for you: You don’t have an agenda.  You’re the most selfless human being on the planet.  All you want, is to Make Invention Accessible to people around the world.   So long as a given action does that- you’re all ears.

You’re proactively proactive: You’re countless steps ahead of everyone around you.   You pick out your outfit for Thursday on Monday.

You’re super strategic: While constant suggestions and feedback from our vocal community is inevitable, you’re deeply involved in making sure implementation of changes does not effect the long term strategy of the company.  Of course, you’re also intimately involved in making sure that the long term strategy of the company is set with the best interests of the community in mind.

You measure: You come up with unique ways of measuring progress within the community and company.   Your measurements (regardless of how scientific) directly inform your actions.

Responsibilities:

• Report directly to Founder & CEO, Ben Kaufman.
• Work closely with Head of Marketing Bret Kovacs, and Head of Technology, Nathan Smith, to create ways to mobilize and engage the Community to help develop and promote the world’s best products.
• Run the best customer service program on the planet.
• Build and manage a team of 5+ community ambassadors.
• Develop and implement community programs to drive product development and overall strategy.
• Effectively use social media tools to communicate with community members and attract new users.
• Capture the needs & wants of our global community and prioritize them internally.
• Maintain a high level of community health and happiness.

Qualifications:

• 4+ years managing an online community of consumer facing, highly trafficked website.
• Background in either: communications, psychology, marketing, or technology
• Understanding of consumer product development / manufacturing / retail.
• Experience in a high growth, rapidly changing environment
• Unrelenting intellectual curiosity and pride in doing awesome work.
• Natural leader with an entrepreneurial spirit.
• Excellent written and verbal communication skills.
• Action and detail oriented.
• Passion for Invention.
• College degree or really great drop out story.
• Experience working at a consumer products company in a communications, marketing, or tech role is a plus but not required.

To Apply:

Spend some good time on our site understanding what we do and understanding our community. If you are still interested, submit your resume along with a personalized cover letter to Ben Kaufman, telling him why you want this job and why we should pick you. Submit here.

Cargo is a simple way to organize and transport all your shower products. This caddy comes with five flat bungee cords that separate your items and keep large bottles from spilling out. The perforated structure allows you to attach cords in almost any configuration – even on the outside. Couples can co-op Cargo and easily split the shampoo into His and Hers sections. Dorm occupants needn’t shlep their shower shoes; just hook a cord around them and they’re along for the ride. The increased airflow dries Cargo quickly and keeps your items clean. Keep calm and caddy on!

When one of our retail partners asked us to make a sexier shower caddy, we rose to the occasion. With the help of Laura Doty‘s winning concept, and a handful of passionate influencers, Cargo has arrived to simplify shower time. Head to the Upcoming section and take a peek.

Features:
-Deep basket and tall handle can accommodate large items
-Organize any way you like with the five included bungee cords
-Perforated design provides constant airflow

Materials:
-Polypropylene plastic

Dimensions:
-217mm w x 150mm d x 114mm h

Price, qty and features subject to change during production process.

So you love your Quirky Shower Station, but can’t fit it in your carry-on at the airport: we understand, we’ve been there. Luckily, you can now stow your toiletries with Vessel, a portable tote that brings a fully-stocked bathroom with you wherever you go. Vessel can be attached to any tile wall with suction cups, and the handle can be clipped to a shower head for additional support. The interior unzips to reveal three compartments for shampoo and other large objects, while a mesh pouch and elastic loops hold brushes, razors and other small items. Eight grommets along the bottom and sides provide drainage and ventilation, so your will stay fresh no matter how long the journey. For all you jet-setters out there, it’s a dream come true.

When one of Quirky’s retail partners came to us requesting a better shower caddy, our community members (1011 of ‘em!) put their heads together to help make that happen. The winning concept was submitted by Imants Čaklais, and we think it’s pretty swell, so make sure to check it out in the Upcoming section.

Features:
– Three storage compartments for various shower products
– Interior mesh pocket with zipper
– Elastic loops for toothbrushes, razor blades
– Two suction cups for easy wall mounting – Buckled handle/strap for added support – Eight ventilation grommets

Materials:
– Polyester exterior with polyurethane coating
– Polyester interior with anti-mildew treatment
– Nylon zippers
– Polypropylene grommets, clips, webbing, and buckle

Dimensions:
12″ W x 9″ H x 5″ D

Price, qty and features subject to change during production process

We’re excited to announce an important new role for the community in the product development process: Product testing. Moving forward, all products will go through this testing phase. But we can’t do it without your help. This is your opportunity to get your hands on pre-production product samples to give us valuable feedback before they hit the market.

Sign up for the Quirky Product Testing Program as we strive to produce the best products in the world. Here’s how it works:

• Visit: http://www.quirky.com/product_testers/faq
• You will be asked to fill out a demographic survey before you’re officially in.
• For each product we test, we’ll select a combination of random users and specific demographics based on the product’s market (total number of testers will vary by product).
• If selected, you’ll receive an email to confirm your interest, then we’ll send you the product and instructions on how to test it.
• You’ll have a deadline to test the product and provide feedback.
• For participating, you’ll be able to either keep the product you were sent or you’ll receive a Quirky.com credit to buy a final production version.

Questions? Call us at 1-866-5QUIRKY or email us at questions@quirky.com.

Calling all podiatrists, medical mavens, and witch doctors! The Quirky Design staff is putting out a call to anyone and everyone with medical knowledge of one of our most used and abused body parts…feet. If you’re a podiatrist, orthopedic surgeon, physical therapist, and/or chiropractor and you possess knowledge of the anatomy and inner workings of human hooves, we want to hear from you. We’re seeking you folks to help us with a cutting-edge, new project; one that is a new frontier for Quirky. The product is a shoe insert made primarily of sand which essentially will provide support, and allow the full bottom of the foot to be in contact with the device to evenly distribute force. The potential benefits of this product are many and we want as much information, feedback, and knowledge from you all as we move forward with this exciting product.

If you’re any of the people mentioned above (including witch doctors) and you’re interested in participating, leave a comment in response to this post and the QDS will reach out to you with more details!

2) News Bites:
a) Watch Ben in a 3-minute Entrepreneurial Innovators video, and discuss it here.
b) Quirky moved to bigger and better digs. See photos on your iPhone by following QuirkyInc on Instagr.am.
c) Quirky is looking for a photojournalist intern (great news for the community!). Discuss it here.
d) Mark your calendar: the next Town Meeting and Q&A is scheduled for Wed, Feb 15th 6pm EST.

3) Product Testing.  Want to be a Quirky product tester? Join up here, and discuss in this forum thread.

4) The Forum: a) Quirky has stated that they will police the forums more aggressively (e.g. pimping threads will be removed), and that they will implement new forums this year.

5) Community Council and Committees: are either or both needed?  Discuss here.

To discuss this report further, please do so in the corresponding Forum Thread.

If you have any comments or questions not better suited for the thread above, please email me at matt@quirkyinc.com (but please don’t use the Quirky messenger…thanks!).

Keep time while you brush with the Bobble Brush Timer – an evolution of the stylish original. Bobble Brush Timer comes equipped with a two minute mechanical timer and alarm, so you’ll always achieve the perfect teeth cleaning. Combined with Bobble Brush’s signature bobble feature, Bobble Brush Timer is the ideal compliment to your toothbrush and in sync with dental hygiene.

Maria Morrill wanted to make sure her kids made the most of brushing their teeth. Inspired by the hit original Bobble Brush, Maria added a multifunction timer to this classic bathroom accessory. With the help of Quirky’s designers and a community of 413 influencers, her idea ensures that you and your kids always spend just the right amount of time for that perfect clean. Check out Bobble Brush Timer in the Upcoming section today!

Features:
-Two minute mechanical timer with alarm
-Fits most standard, non-electronic brushes
-Rubberized base prevents sliding and slipping
-Top and mid sections can be detached for easy cleaning

Materials:
-Hard plastic top
-Rubber base

Dimensions:
-Max width 2.5″, height 2.4″

Price, qty and features subject to change during production process

A Town Meeting, for the uninitiated, is a once a quarter, livestreamed event, where we, the Quirky Staff, give the community a full rundown on what went on over the past three months, as well as what exciting things we have in the pipeline.

So, to recap:

What: Q4.5 Town Meeting

When: Wednesday, February 15, 2012 – 6pm ET

Where: Quirky’s Ustream Channel

As always, after the Town Meeting presentation, we’ll hold a no holds barred Q&A. Any question is fair game, so drop them in the comments here, or in the forum, and we’ll make sure that they get addressed.

Product 236: Bendable Speakers

Product 237: Collapsible Cookware

Product 241: Sand Orthotic