Planter for

Growing
Plants
US7171782
Cedric Le Quellec

Patent Summary
Publication number: US7171782
Provisional App Filing Date: Feb 2, 2004.
Filing date: Jan 28, 2005
Publication date: Feb 6, 2007
Inventors: Wilson A. Felknor, Ron C. Hicks.
Assignee: Felknor Ventures LLC, Knoxville,
TN

Solving a problem
This 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!

Prior
Prior
Art
Citing Patents: 11

US5381625A
(Expired)

Art
Cited Patents:
6

US6874278B2

US5555676A
(Expired)

How it works

This 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

New, Useful, and NonObvious?

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.

Felknor Ventures
LLC
Bill 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

Litigation
On 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.

Outcome
Allstar 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

Recalls
The
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

Thank You!

References
http://www.topsytomato.com/index.php
http://www.tninventors.org/sites/tninventors.
org/files/newsletters/0904.pdf
http://www.thomsoninnovation.com/tipinnovation/recordView.do?
category=PAT&datasource=T3&databaseIds=
PATENT&idType=uid&recordKeys=US7171782
B220070206&fromDocDel=true&resultsetId=7
2852749&totalRecords=1&selRecord=1&&str
ategyId=&fromWorkFile=false&fromMarkedLi
st=false&isAnnotated=false#Abstract
http://www.google.com/patents/US7171782?
dq=US+7171782&hl=en&sa=X&ei=VUWFU8H
0BcSsyASzyoKwDQ&ved=0CDcQ6AEwAA