Background

Theatre stages and platforms are, in the terminology of the Health and Safety Executive (HSE), “hazardous environments”. Every year people are killed or injured falling from height from stages or platforms or by being struck by falling objects. In addition, the cost of property damage from falling objects such as flight cases rolling off stages can be substantial. The increased hazard, in respect of theatre stages, ever since footlights were replaced by overhead lighting in the early twentieth century, is that the stage edge has now become less clear to performers and provides no actual physical barrier to moving objects. This is at a time when demands on performers and crew working on stages and platforms have never been greater. Ellis Ginn, with co-inventor Gary Crawford, conceived Edge-Safe® to provide both a visual and physical barrier to help prevent falls from the front edge of stages or platforms, whilst being unobtrusive to the audience and easy to assemble or transport. They approached Brookes Batchellor for advice on how they might protect their intellectual property

Problems and Opportunities

The client was clear about the benefits of this product to theatre and platform safety in the UK and around the world: to, save lives, injuries and property damage. Their challenge was to find a way to develop the product to the point where they could market it without having their ideas copied. As private investors they had relatively limited financial resources, and it was important not to over-invest in intellectual property rights (IPR) at the expense of further product development and marketing. It was also important for the client to achieve initial protection as soon as possible so that they could discuss it with potential manufacturers, theatre industry professionals, and to test the product in actual theatres, as they have done so successfully with the Assembly Hall Theatre, Royal Tunbridge Wells, Kent.

Testimonial:
Assembly Hall Theatre, Royal Tunbridge Wells, Kent
“We have worked with Edge-Safe on developing this product from original concept to implementation. Edge-Safe has been installed at the theatre for over two years and has already successfully prevented accidents. This should be an essential part of every venue’s safety management system”
Brian McAteer, Theatre Director, June 2011

Intellectual Property Solutions

After discussion with Rosemary Eve of Brookes Batchellor, it was decided to adopt a twin strategy to achieve sufficient IPR to maximise the chance of commercial success.

The Patent was filed initially in the UK, and one month later in the US, thereby covering what was identified as the largest potential market for the product.

Brookes Batchellor’s Trade Mark Department registered the “Edge-Safe” logo as a Trade Mark in Europe using the CTM filing system. Brookes Batchellor was able to advice on the design of the logo for which trade mark protection could be achieved, allowing Ellis and Wayne Strudwick of Wand Creative to develop a unique font and logo for the trade mark.

Commercial Outcomes

Edge-Safe was launched at the ABTT Theatre Show 2011 on 15 & 16 June. The product received great attention and won the prestigious “Widget Product of The Year Award 2011”. The product is now poised for full commercial launch secure in the knowledge that its intellectual property is protected in its key markets.

Into the Future…

As the user base of Edge-Safe increases and new opportunities emerge, Brookes Batchellor will advise the client on how best to obtain patent and other IPR for product enhancements.

What the Client Says

“When we first met Rosemary, some 5 years ago now, we had very little idea of how to apply for Patent protection and the specific complexities attached to different territories. We had initially considered applying ourselves but then we became aware of Patent Attorneys Brookes Batchellor and arranged an initial meeting. It was soon very apparent to us that to attempt to obtain commercially effective patent protection we would need professional and experienced guidance. Rosemary did not disguise how much the process might cost, rather she explained the various options and gave us a plan to maximise the patentability of our idea, to stage the expenditures on IP Protection, and to expand that protection progressively as the commercial value of our invention becomes clearer. We are confident that thanks to Brookes Batchellor we have robust protection and can deal with any infringements as we market this new product.

Edge-Safe is set to become an essential part of every venue’s safety management system protected by the expertise of Rosemary Eve and Brookes Batchellor.

Ellis Ginn, Managing Director, Edge-Safe Ltd