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Burgess v. Coca-Cola Co.

Plaintiff failed to show that his concept for using anthropomorphic bears to sell Coca-Cola products was a novel idea.

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Robert L. Burgess sued The Coca-Cola Company “Coca-Cola” for allegedly taking his creative ideas and using them in a commercial that featured anthropomorphic polar bears drinking Coca-Cola. Burgess sought recovery under theories of misappropriation of ideas, breach of express and implied contract, breach of a confidential relationship, unjust enrichment, quantum meruit, and promissory estoppel. After two years of discovery during which over 35 people were deposed, Coca-Cola moved for summary judgment. Following a lengthy hearing, the trial court granted Coca-Cola’s motion. For the following reasons, we affirm.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. Our review is de novo and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Matjoulis v. Integon Gen. Ins. Corp., 226 Ga. App. 459 1 486 SE2d 684 1997.

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