QUESTION

If I have a marketing idea that may end up bringing more business to a certain business, how can I protect that idea when presenting it to the busines

Asked on Feb 02nd, 2012 on Intellectual Property - California
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It is an idea that I don''t think can be patented or anything like that, but I want to be sure that if I present it to the company, they will not be able to steal it and use it as their own. As far as I can tell, it is original. What would be the best way to approach the situation?
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2 ANSWERS

Unfortunately, if your idea cannot be patented, it is difficult if not impossible to protect an idea. Copyright protects the expression of an idea and trademark protects a word, name, symbol or device that is used to distinguish the source of goods or services from those of others. You can ask the  business to sign a nondisclosure agreement (NDA) but the NDA will likely exclude from protection anything that the business already knew. Also, businesses often will not sign NDAs because they don't want to risk being sued for stealing your idea. Probably the best way to protect your idea is to register the copyright in your expression of the idea before you disclose it. That way, if the business "substantially copies" your idea, you may have a copyright claim. Other than that, your best bet is to convince the company that you have a way of carrying out your marketing idea more efficiently and profitably than they can.
Answered on Feb 25th, 2012 at 12:41 PM

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Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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You require the company to enter into a confidential disclosure agreement before disclosing the idea.
Answered on Feb 02nd, 2012 at 6:29 PM

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