The Longmeadow firm Holland & Bonzagni has developed a national and international reputation for expertise in all facets of intellectual property law, including patents, trademarks, copyrights, and, increasingly, cyber law. The firm’s principals describe this specialty as rewarding work that requires a blend of law and science — and healthy doses of patience.
It’s called the kempshall welt.
That’s the term that has come to describe the buildup of plastic that occurs when the two hemispheres of a golf ball cover come together during the manufacturing process.
The method of removing the welt and creating a virtually seamless golf ball is a process — one that is protected from use by competitors by a patent, said Donald Holland, a principal with the Longmeadow firm Holland Bonzagni, which specializes in intellectual property law and helped secure the patent for the client.
Holland told BusinessWest that when most people think of patents, they think of landmark inventions, the formula for Coca Cola, or the mix of herbs and spices in Kentucky Fried Chicken. In fact, patents can be used to give individuals exclusivity on any new, useful, or unobvious process, machine, manufacture, or composition of matter — or a new and useful improvement to any of the above.
"That includes the kempshall welt and the method for removing it," said Holland, who told BusinessWest that trademark protection extends well beyond the name a corporation puts on a product, and that a copyright can protect everything from a literary work to a storefront design — but many people in business don’t know these things.
Protecting that which the client needs to protect is at the heart of intellectual property law, said Holland, who described his field — one that boasts some 11,000 lawyers in private practice or working for the government — as an intriguing blend of law and science that he and partner Mary Bonzagni both find extremely rewarding.
That’s because much of their work involves helping entrepreneurs get their ideas off the ground. And they have helped several people in the Pioneer Valley and beyond navigate the rigorous course required to turn an idea into reality.
The firm has also represented clients in cases where a product, a name, or even a look was being used improperly by another party. One such case involved Deerfield-based Yankee Candle, which had watched competitor New England Candle Company essentially copy the look of the front of Yankee’s retail outlets at its Enfield store.
This may sound like a case of Goliath squashing David, and the press portrayed it that way, said Bonzagni, but protecting what is yours is part of doing business.
"That was important to Yankee Candle because they wanted to expand their mall stores without being afraid that other people would copy the design and dilute their reputation," she said. "What prompted them to take action was the fact that so many customers were confused; one customer even went into New England Candle and, when making her purchase, wrote out a check to Yankee Candle — which the defendant cashed!"
Other customers were taking New England Candle products back to Yankee Candle, claiming they were inferior and wanting their money back, said Bonzagni, adding that any time a company’s reputation is on the line, it has to take steps to protect it.
If there is any downside to work in the field of intellectual property, said Holland, it is watching so many of the companies that the firm becomes involved with fail to reach maturity. "That’s the frustrating part … maybe one in 10 small businesses actually makes it," he said. "There are a lot of good things we’ve seen that just don’t succeed because people don’t know how to delegate — they don’t know how to let go.
"When we do get that one client that makes it," he added, "it’s a lot of fun."
Holland, who opened his practice 22 years ago, says the firm has enjoyed steady growth over the past several years as its reputation has grown internationally. Like other fields within the law, this one has its ups and downs depending on the state of the economy, and at the moment, business is booming overall — if not locally. But he expects the region, which is about a year behind the rest of the country in terms of recovery, by his estimate, to rebound in the year ahead, bringing more new products and startups into the pipeline.
BusinessWest looks this month at this unique firm and the work it does to help move ideas forward.
Down to a Science
When asked how she ventured into the world of patents and trademarks, Bonzagni said she was working with the solid waste management products firm Camp Dresser and McKee on a sludge-recycling project in Detroit when it occurred to her that there might be something else she could do with her degree in organic chemistry.
She enrolled at Western New England College School of Law and, while there, was encouraged by a professor to take her background in science and apply it to patent law.
Holland also took an intriguing route to his current profession. He earned a degree in statistics from Colgate University, but decided soon after graduating that he did not want to keep track of batting averages or chart trends in mortality.
He actually convened a group of professionals in various trades to gain input on possible career paths. One of the people he invited to lunch happened to be a patent attorney. "He fascinated me the most," said Holland, who told BusinessWest he first earned an Aerospace Engineering degree from UConn, and later his Law degree from the University of Miami.
He worked for several years at the U.S. Patent and Trademark Office working on rotary pumps and turbines for jet engines before creating Holland & Associates in 1981. Bonzagni joined the firm in 1989, and an associate, John Kramer — who holds an undergraduate degree in Electrical Engineering and a master’s in Intellectual Property, joined the company in 1999. The firm also has two legal assistants — Cari Mazza and Karen Alberts — who conduct research and provide other forms of assistance to the lawyers and their clients.
The Holland & Bonzagni team specializes in all facets of intellectual property law, and has helped a number of entrepreneurs take concepts off the drawing board and into the marketplace.
Bonzagni has done a good deal of work for paper companies, including one area firm that makes security threads for currency. She has helped secure patents for not only the threads, but the processes for embedding them in the bills. She has also worked recently with a Pittsfield-based venture — New Energies Solutions Inc. — that is moving forward with its development of fuel cells.
Holland, meanwhile, has represented individuals who have developed products ranging from golf ball dimple patterns to mufflers for jet engines, hand tools to security blankets for children called "Taggies." The engine mufflers, known as "hush kits," help plane owners keep older models in the sky longer, and they actually enable a plane to fly faster and more efficiently. The mufflers, selling for $1.6 million each, went on the market last month after several years of development and testing.
Holland has done quite a bit of work for those in the sporting goods industry, primarily golf. He has represented a company called Big Bend Inc., which has developed golf balls that reduce slices and hooks. He also worked with Chicopee-based Hoppe Tool on securing patents for new golf ball molds and the kempshall welt-removal process. He later did work for Wilson and Spalding on golf ball and club innovations.
The firm’s clients are generally industrial corporations, both foreign and domestic, and include manufacturers of aircraft, food, paper products, medical equipment, computer software, chemicals, electronic components, and other high-tech items. It also services chains of restaurants, hospitals, and other businesses to protect their products — and their reputations.
Indeed, roughly half the firm’s work is in the category of stopping counterfeiters and unauthorized copies of products, or knock-offs, as they’re known.
The Yankee Candle case was perhaps the most high-profile example, said Holland, but there have been many others.
Several years ago, he represented a manufacturer of printed placemats, towels, and other household items in an action against the Christmas Tree Shops chain of discount retail stores, which had commissioned Asian manufacturers to create cheaper knock-offs.
"I worked with eight teams comprised of sheriffs and employees of the client," he said. "We went in and seized 117,000 infringing units from Christmas Tree Shops. We first did some investigation into which of their stores were selling the products, and then we went to court to file a complaint. In the meantime, we had sheriffs in the stores with clickers counting the units sold so we could figure out what kind of damages we had.
"Christmas Tree Shops bought seconds from our client one year, and they sold out in no time," he continued. "The next year, they wanted firsts at seconds prices, and when our client said ’no,’ Christmas Tree Shops admitted under oath at a deposition that they took the client’s catalog, took it to two sources in India, and said, ’reproduce this.’ Within six weeks, the chain had written the plaintiff a six-figure check and become its best customer."
Getting a Rough Idea
Ferreting out knock-off artists and helping clients recover damages is among the most rewarding work in this field — "it makes it fun to come to work," said Holland, who told BusinessWest that both he and Bonzagni have worked with national corporations that make some of the most recognizable products in business.
Recently, for example, Holland mediated a case involving Ben & Jerry’s and its ice cream product known as "Chunky Monkey." A woman claimed the name was hers — she had put it on a children’s book — and sought damages. (He was not at liberty to reveal the nature of the settlement.)
However, most of their work would be considered much more mundane — although no less important — such as trying to help a client or potential client determine if a product or process has already been invented, and if an idea is "patentable."
This can be a fairly involved process — and a potentially expensive one — because a number of steps and government agencies are involved. Thus, the firm is committed to having clients and potential clients spend time, energy, and money only when it is warranted.
Much of the work that the firm does falls into the category of education, said Bonzagni, who told BusinessWest that most entrepreneurs, young or old, are too involved with the development of a product or service, and then the day-to-day operations of the venture they’ve created, to focus on protecting their rights and their trade secrets.
Thus, the firm gives tailored seminars on a wide variety of subjects, such as: Managing and Expanding Your Trademark Portfolio; Trade-secrecy Protection; Seizing Counterfeit Goods; Protecting Your Product’s Color and Packaging; Licensing Technology; Cyber-piracy; and Protecting Software.
The firm also posts regular newsletters on its Web site, www.hblaw.org. This fall’s edition, for example, has articles on the recently enacted Madrid Protocol (see page 72) — which dramatically reduces the costs of international trademark protection — and tips for deterring would-be copiers.
Holland has also authored a booklet — used by many major corporations — titled Corporate Guide to Patents, Trademarks, Copyrights, and Trade Secrets, now in its fourth edition.
These educational endeavors are components of the firm’s larger efforts to partner with clients and potential clients, said Holland. He told BusinessWest that, in that role, Holland & Bonzagni works to help companies and individuals avoid some of the costly mistakes and missteps they can make while trying to get a venture off the ground or protect a product, name, or trade secret.
The processes for obtaining a patent, trademark, copyright, or even a domain name, while not necessarily complicated, are more easily navigated when individuals or corporations have the right information, and this is what the firm provides.
Ideally, the firm would like to help improve a venture’s odds of succeeding, said Holland, adding that this starts by gauging the commitment of the party involved and its willingness to do the grunt work necessary to take an idea to the marketplace. This starts with a patent search and a determination of whether a product is actually new. Holland & Bonzagni can conduct that search, but it would rather the potential client do it.
"When people come to see us, we give them a homework assignment to try and weed out those who aren’t serious," he said. "We don’t want people to spend their money needlessly.
"We want them to invest emotionally, and we want them to invest time," he continued. "If we’re going to spend our time, we want to make sure they have the organizational skills to make their product fly. If they won’t commit to that amount of time, their business isn’t going to make it."
No Secret to Their Success
Holland told BusinessWest that his firm has a framed copy of the check made out to Yankee Candle by that confused customer years ago.
It’s a symbol, he said, of the importance of protecting that which identifies a product or a company — be it a name, a label, a color, or, in this case, a storefront design.
This is the essence of intellectual property law, he said, and it is both an art and a science.
For more information, visit the Holland & Bonzagni Web site atwww.hblaw.org



