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Protecting a Marketing idea

Posted on 3/21/15 at 12:56 pm
Posted by Dick Leverage
In The HizHouse
Member since Nov 2013
9000 posts
Posted on 3/21/15 at 12:56 pm
Here is the deal. I have had a marketing/branding idea that is damn near perfect for the athletic apparel and equipment industry. I thought of it about 7 years ago and know that the brand concept is one that would equate into billions of dollars in the athletic apparel and equipment market.

The concept is unique. The brand name is an acronym of a certain mindset that all competitive athletes share. The acronym of this mindset phrase I created results in a slam dunk brand name.

While I would love to be a multi billionaire in ten years, I have very little start up capital of my own to start an apparel and equipment company. Even if I did, I know absolutely zero about the ins and outs of the industry. What I have is a brilliant marketing concept equal to or better than "Just Do It" that Nike enjoyed so much success with.

I am leaning more towards pitching and offering to sell the brand concept to the 3-5 major industry players including Under Armor, Adidas, Nike and Reebok. Just sell it for $15+ million and walk. Ideally, I would have the acronym be the name of my own company and rake in billions like the Nike founder did but I just don't have the wherewithal to do that .I have basically determined that I need to copywrite the entire concept and the acronym as well as my development process over the years in order to protect myself from having one of these large corporations just steal my work after they hear the presentation.

Again, if I started my own company, the acronym(which describes the mindset celebrated by the concept) would be the actual name of my company. When sold to one of the big guys it would be a marketing concept/phrase in advertisements and on labels.

Knowing that I am not interested(as of now anyway) in starting my own company up with this name and concept as the eternal marketing gold mine it would be.....how would you go about insuring that your concept was protected if you were in my shoes? I am talking about being protected from the corporations that I choose to present the concept . I want to make sure that all the companies know that I am pitching the concept to their competitors in order to maximize my profit.

I guess the question is can I even protect this acronym with the competitive mindset that it celebrates. The words that the acronym letters represent, clearly describe the mindset celebrated in the entire marketin concept. The slogan (acronym) is uniquely original to me and I am very certain of this. I just need to make sure I am protected.
Posted by lsu480
Downtown Scottsdale
Member since Oct 2007
92876 posts
Posted on 3/21/15 at 12:57 pm to
Trademark the phrase and then pitch it to existing athletic apparel companies. /thread
Posted by jimbeam
University of LSU
Member since Oct 2011
75703 posts
Posted on 3/21/15 at 12:58 pm to
Yep
Posted by lsu480
Downtown Scottsdale
Member since Oct 2007
92876 posts
Posted on 3/21/15 at 12:59 pm to
If he wants to be really cheap he can just have them sign an NDA before the pitch but they might not do it and it won't give as much protection as a trademark would
Posted by EarthwormJim
Member since Dec 2005
10063 posts
Posted on 3/21/15 at 1:00 pm to
Congrats on being a future billionaire. Everyone knows the slogan is what makes money and not actual products.
Posted by wildtigercat93
Member since Jul 2011
112329 posts
Posted on 3/21/15 at 1:01 pm to
Shark tank
Posted by Rouge
Floston Paradise
Member since Oct 2004
136811 posts
Posted on 3/21/15 at 1:03 pm to
My BIL is an intellectual property rights attorney

What is his help worth to you?
Posted by GeeOH
Louisiana
Member since Dec 2013
13376 posts
Posted on 3/21/15 at 1:04 pm to
To trademark it to a industry (athletics) you hve to have some sort of product.

If I trademark "i am one", I have to use that phrase in some way to justify it, right?
Posted by Spankum
Miss-sippi
Member since Jan 2007
56030 posts
Posted on 3/21/15 at 1:12 pm to
well, the very first thing that I would recommend is that you doccument everything that you just mentioned in detail and then seal it all up and mail it to yourself with a clear postmark. Never open that package again and you can retain it as clear proof of your idea with the postmark as an official timestamp in the event you ever need it...

Obviously, to do anything more than that, you would need the help of a patent attorney...
Posted by wildtigercat93
Member since Jul 2011
112329 posts
Posted on 3/21/15 at 1:16 pm to
quote:

To trademark it to a industry (athletics) you hve to have some sort of product. If I trademark "i am one", I have to use that phrase in some way to justify it, right?


You're right

The only way a trademark or copyright works is if you can prove that you have revenue that is effected by someone else infringing on your copyright.

This is to protect big companies monopolizing a market by creating a copyright on every possible idea that a competitor might have even though they have no real plans to ever produce that product or idea.
Posted by shutterspeed
MS Gulf Coast
Member since May 2007
63327 posts
Posted on 3/21/15 at 1:17 pm to
Your thread idea just doesn't excite me.

And for that reason, I'm out.
Posted by LSUShock
Kansas
Member since Jun 2014
4917 posts
Posted on 3/21/15 at 1:18 pm to
Good Luck... you'll need it.
Posted by stout
Smoking Crack with Hunter Biden
Member since Sep 2006
167258 posts
Posted on 3/21/15 at 1:19 pm to
It's probably not as big of a slam dunk as you think FYI
Posted by wildtigercat93
Member since Jul 2011
112329 posts
Posted on 3/21/15 at 1:19 pm to
quote:

I can't sell this on QVC. And for that reason, I'm out.


Posted by wildtigercat93
Member since Jul 2011
112329 posts
Posted on 3/21/15 at 1:20 pm to
(no message)
This post was edited on 3/21/15 at 1:21 pm
Posted by Bubb
Member since Mar 2010
3898 posts
Posted on 3/21/15 at 1:42 pm to
Just tell us what it is and we will give you the honest truth. We won't tell anyone.
Posted by WDE1980
Alabama
Member since Sep 2010
911 posts
Posted on 3/21/15 at 1:50 pm to
I may be wrong but I thought you could trademark a name without a product or company and you can patent an idea or concept.

If that's not the case, wtf do you do once you spend all that money developing the prototype just to find out someone secured the name you where planning to use during development.

Doesn't make sense.
Posted by wildtigercat93
Member since Jul 2011
112329 posts
Posted on 3/21/15 at 1:53 pm to
quote:

I may be wrong but I thought you could trademark a name without a product or company and you can patent an idea or concept.


You can trademark it and patent it all you want.

But it won't be worth shite until you have a product and a revenue.
Posted by Box Geauxrilla
Member since Jun 2013
19118 posts
Posted on 3/21/15 at 1:59 pm to
Use the trademark for

quote:

Dick Leverage
Posted by boosiebadazz
Member since Feb 2008
80246 posts
Posted on 3/21/15 at 2:00 pm to
Go talk to an attorney who does intellectual property work.

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