EXCLUSIVE: 18 Yr. Old Teenpreneur To Put Snoop Dogg On Short Leash

While 18-year-olds across the country prepare for their first semester as college freshmen, Kristyn Heath has a couple of extra items on her list: prepare for deposition and defeat rapper Snoop Dogg in court.

In an exclusive interview with Innovativeeconomy.com Monday evening, the young lady recently voted by Black Enterprise Magazine as Teenpreneur of the Year for 2008 announced her plans to push back against the oppressive tactics she believes Dogg is using to prevent her from obtaining a trademark on a patent-pending electronic device she invented in high school. The irony of this drama is that the entertainer who markets himself as an outcast, outlaw and man-on-the-street fighting the tyranny of ‘the system’ or ‘the man’ plays the role of the tyrant abusing the legal system to benefit the man – in this case, himself. And who does he pick as his worthy adversary but an 18-year-old young woman about to enter her first semester of college. Normally, I could stop there and you might assume that as a dispute between a rapper and a teen, this would be a sexual issue. You would be wrong. This has nothing to do with sex. This is business. And beware. She is very prepared for business.

The Product and The Problem

When she was 14, Kristyn wanted to share music on her iPod with her friends and there was no good option available. Kristyn believed a device could be made that would allow her to invite her friends to listen to her songs or allow her to listen to their songs without transferring the song across the iPod. It’s the kind of thing you do in the moment; share the experience, not the song. You listen together and then move on, without the unlawful transfer of the song.

Her invention simply plugs into any type of iPod or mp3 player by plugging into the headphone jack of each person’s iPod and transmitting wirelessly across an FM channel. This small, lightweight device works on just one AAA battery and can transmit and receive. You plug your headphones into the device and use your iPod as usual.

You see, Kristyn’s product is called NoeStringAttached by SnoopTunes™, and Snoop Dogg is fighting the trademark application by claiming it infringes his own trademark of Snoop Dogg. She reports that he is attempting to just overwhelm her and her family by driving up legal costs. For example, Kristyn said Mr. Dogg submitted over 500 pages of discovery documents, most of which completely unrelated to the dispute, but all of it requiring an attorney to review, and that activity alone can create a five figure legal bill. According to the Heaths, his approach is one of outspending them, not the merits of the case. Kristyn learned to review the litigation practices of her opponent and observed this is not the first time he has intimidated trademark applicants through economic pressure, but it may be the first time such tactics don’t work. She is determined to see the case through to a venue where it can be measured based on its merits, not legal thuggery.

My Take On The Dispute

I am not an attorney, I don’t play one on TV and I did not stay at a Holiday Inn Express last night. However, I have led many valuations of intellectual property, have helped more than a few clients work with attorneys to obtain trademarks, and have served as a consulting expert in litigation cases reaching into the hundreds of millions of dollars.

Based on that experience, I see the following:

Mr. Dogg is trying to extend his personal trademark to be a trademark on the word “snoop.” That won’t fly, or as a Texas judge might word it, “That dog don’t hunt.”

Mr. Dogg has nothing to gain from this. When Spike Lee sued TNN for coming out with Spike TV, he was able to hold TNN hostage until the lost revenue made it worth their while to pay him to settle. It wasn’t about the merits of the case, it was about the economics and picking where and how much money a company can afford to lose. That is the case with many intellectual property disputes. Fairness and facts have much less to do with the outcome than the general public realizes. Economics of fighting versus paying off the plaintiff often impact the strategy more than the facts. Spike knew that. TNN knew that. They settled. Kristyn isn’t TNN. Since there’s no hostage-taking opportunity, this case will have to be tried based on legal merits, and Mr. Dogg isn’t in the position of power here.

This is not like Disney, who occasionally must come down heavy on a daycare for painting Mickey Mouse on an indoor mural. Disney gets no joy from hammering a day care and they don’t benefit from the press it creates. That action is driven by Federal law that requires them to enforce their rights or lose them.

Kristyn did not name her device after Snoop Dogg. Her mom came up with the name. Kristyn very diplomatically understates just how much her mother is NOT a fan of rap music in general and never associated Mr. Dogg with the invention when she named it. It’s about snooping your friend’s songs. Kristyn is not trying to conjure up the image of Snoop Dogg in this electronic device, and his image is in no way, shape or form associated with its design, promotion or sale. This may be a blow to Mr. Dogg’s ego, but she just isn’t that into you, and this isn’t about you. I don’t mean to add insult to injury but you did not trademark the word ’snoop’ and you are not owed money or rights because someone had an idea that involved another meaning and use of the word.

Mr. Dogg is abusing the legal system to oppress an innocent person who should be held up as an example for teens everywhere.

Mr. Dogg doesn’t want this to go to court for at least three reasons over and above the lack of legal merit. (1) Jurors will see his arrogance in trying to trademark the word ’snoop’; (2) Jurors could easily conclude that Mr. Dogg is just feeding retainer dollars to out-of-control attorneys; and (3) Neither (1) or (2) sit well with most jurors, especially when the other side is an 18 year old struggling yet award-winning entrepreneur.

<!–[if !supportLists]–>Mr. Dogg is not known for his altruistic contribution to society, but one would think that he would pick a worthy adversary if he wanted to pick a fight. Where is the honor in picking a teenage girl for a business dispute? Like I said, it is either extreme arrogance on his part or his lawyers are getting too much in monthly retainers, and the client, Mr. Dogg, needs to step up, rein-in the attorneys, be a man about the situation and direct his resources towards worthy matters that advance his business.

As for Kristyn, Mr. Dogg is not someone she intends to accommodate. She intends to take it all the way to court and fight it to the end. She came up with the invention as a freshman in high school and developed enough experience over the subsequent four years to secure a spot at her first choice, Santa Clara University, where she is about to begin her freshman year. She is focused on the positive results of her work, not being attacked by a Dogg.

We need more people - and teens - like Kristyn. Snoop Dogg won’t deter this young woman and I don’t think he will prevail in court or in principle. I really don’t think his gangsta persona will be helped by taking on and eventually being defeated by a college student who outguns him in business.

How She Became An Entrepreneur/Inventor

Four years ago, Kristyn began drawing, designing, planning and sharing it all with her parents. Her father Allen Heath said, “It took about six months for me to realize this was something worth pursuing and not some childish idea.” Allen says several observations about Kristyn’s idea led him to support her efforts: (1) She solved a problem for herself and her peers, a problem lots of kids have; (2) There was no solution on the market that was quick, easy and cheap; and (3) Her relentless passion for the project.

Allen casually lobbed a profound statement during our discussion that parents everywhere should post on their refrigerator for all in the family to see: “There is a great idea in everybody. The difference is in those who have the courage to take that idea and run with it despite all of the obstacles put in front of them. There is nothing new about kids having great ideas - nothing. But many don’t get that far because they don’t have the support from their parents or they lack the passion themselves to see it through.” Kristyn had the passion and discipline to see it through, and her family found ways to support her efforts.

Kristyn learned the hard lessons about inventing and entrepreneurship. Over the next four years, she learned about prototyping, forecasting, engineering, sales, marketing, trade shows, revenues and profits, and the entrepreneurial raw guts required to be successful. Now she is learning about lawsuits, depositions, intellectual property, infringement and the real meaning of the word “frivolous.”

Kristyn is preparing the second version of her NoeStringAttached by SnoopTunes™ product and expects a release in the not-too-distant future. The first version found success in trade shows and sales from their websites, but the new version is intended to attract formal distribution channels, big box retail locations and some very ingenious direct-to-consumer opportunities to be announced at a later date. Kristen is already giving back by speaking to other teens about her experience and sharing with them the lessons she has learned along the way.

What advice does Kristen offer to other innovators of any age? Always have faith in yourself and your idea. Expect obstacles - it will be much harder than you think. Deal with setbacks and be flexible, you may not be able to do everything you want or all that you want in a specific time frame. Get more help and look for ways to fund your venture earlier on in your development.

Sage advice earned from experience.

What can Innovativeeconomy.com readers do to support Kristyn?

Check out her website at http://www.snooptunes.com and if you like to share music with friends, buy her product. If you want the to reserve your place in line to purchase the new version you can do that for just $5 via her site. Kristyn needs to remain focused on the business objectives that take her to the next level, things like raising capital, alliances, broader product release and mass manufacturing.

This won’t be the last we hear of Kristyn. This is her first go round. Watch her. Her career is just beginning and I think she’s got what it takes to succeed.

Your Turn. What do you think? Please provide your comments below!

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