Garrido v. Burger King Corp.
Florida Court of Appeal
558 So.2d 79 (1990)
Relevant factsFree
Garrido (plaintiff) pitched Burger King (defendant) a comprehensive ad campaign built around the theme "everywhere you go in America there is a Burger King town"; Burger King never responded, but within a year launched its own "Burger King Town" campaign. Garrido sued for misrepresentation and misappropriation, and the trial court granted Burger King summary judgment on the theory that the claims were preempted by the federal Copyright Act, which protects only the expression of ideas, not ideas themselves.
IssueFree
Whether the conveyance of an idea is legally protectable, and a state-law misappropriation claim available, when the idea is novel, disclosed in confidence, and the defendant adopts and uses it.