- Blue Belt
- Posts: 431
- Joined: Mon Feb 19, 2007 6:23 pm
- Location: Tempe, AZ
This is a tough situation. A patent can hypothetically protect a novel and "non-obvious" method of advertising. If your idea employs a new type of advertising you may have something that is patentable, if your idea is simply for a script or what not I won't say that it is flat out non-patentable, but I would assume that's the case. Trademark law would not give you any protection here. Trademarks protect branding, not ideas.
You have some options. You can submit your idea to a beverage company. You can hope that they will sign an NDA, and if they do you can threaten to sue in the event they use your idea without compensating you for it. Of course, many companies will likely not be willing to sign an NDA in this context, so in that case you just hope that they like your idea, decide to act on it, and give you credit when it is successful.
Other options, you could try and get a job at an ad agency which does work for clients in the beverage industry, you could start you own ad agency, or you could try and get a job at Budweiser, and work yourself up to a position where you have the power to take credit for the idea in the event it is well received.
Another option is to go ahead and film the commercial yourself using a fictional brand name and publish it on Youtube or somethin. Copyright law will protect your commercial, and if you want to completely play things safe you can register the Copyright. While Copyright protection can be fairly narrow, it can provide some recourse for you if a beverage company decides to copy your commercial without licensing your copyright.