Expert: Kacey Cahill - 4/7/2009

Question
Hello, I have came up with a business idea that will make alot of money..I am turning the concept that i have into a multi-level marketing business. The product already exist but the method of marketing this product (such as mlm and my new marketing) has never been done. I need to share this idea with a few professionals that i know, but im not sure of how to protect it from being stolen from me. Is there a way that i can protect a marketing method?

Answer
Carlton,

If the method is not obvious to those on whom you are employing it, etc.,  protect it by trade secret.  That is, don't tell anyone about it except those that need to know.  Have anyone that does need to know sign a confidentiality agreement.  That agreement would say that the idea is yours and that the individual would not tell anyone else about it.  

If the method is obvious (meaning you cannot keep it a secret), then others have gotten patents on methods, BUT you are extremely unlikely to obtain one on a method such as this.  In addition, there is recent caselaw that requires method patents to meet certain criteria, one of which is that is has to be practiced on an apparatus.  

When you look at other really good marketing ideas, you see how one person came up with them and then others copied it.  Generally, this is the way of the free market.  What companies have done is branded the method and wrap it with something that others can't give --- good customer service, superior product, etc.  In other words, try to tie the marketing method in and brand it to you.  That way when others employ it, they are just "copying" the best.   

I hope this help, but please understand that this is intended for educational purposes only and not as legal advice.


Kind regards,

Kacey Cahill
www.kaceylaw.com
kcahill@kaceylaw.com