Couple Says NY Stole Their Balloon

www.countypressonline.com ^ | 04/30/2003 | Bill Lawrence

[Tribune7]

The couple who own the landmark U.S. Flag Balloon- America One don't love New York as much. The government there anyway. Our neighbor to the north has robbed them, they say.

[abner]

You are REALLY good at articulating this. :-)

[abner]

Teri, please write to State Senator Vincent Leibell, III in Albany and explain your plight.

It's worth a try anyway. Thanks.

[abner]

May, page 84...

[Ms. AntiFeminazi]

Take for example the Goodyear blimp. I am sure you will find NY state ads in which the blimp appears. I remember seeing them. I doubdt however, that Goodyear has ever sued NY state and in their case it's a trademark. The reason is simple, they have better lawyers who know a doubtful case.

Or maybe it's because Goodyear gets free advertisement from it. Why ruin a good thing?

[notpoliticallycorewrecked]

Can you at least spell balloon correctly.

Otherwise, it just reinforces what most of us already think of you, that you are full of more hot air than the balloon.

[StarFan]

When you write to him, can you simply indicate that you carbon copied me. I know him personally and it may help. You have freepmail.

[abner]

However I won't let you switch. The operative word is "motif".

If it was a 'flag' we couldn't and wouldn't lay it down on the ground. It also looks the same from both sides(always the blue field on the left). It is a rendition of the flag. I have never seen a flag with a basket, burners and propane and an aircraft registration prominently displayed on both sides. I'd like to see them, I promise I won't sell any images of them without your permission and paying you a royalty.

Go to our website and see the cars for yourself. Here.

Use all the photos you want. Just don't use them for making money... We have a pricelist for such a purpose.

[monkeyshine]

Good luck to you. Seems to me you have good arguments but I'm not a lawyer.

It's a unique design and application, is not obvious, it has a high cost to enter this field. They did put your investment at risk. It would be one thing if they ripped off your idea and built their own, but since they used yours exactly, prominently, misleadingly (I assume you don't live in New York and seeing it there may be rare) and which cost you money to bring and inflate, you should have some rights to protect the image from unlicensed commercial use, because you built it expressly for the commercial value.

Be careful, as what you write on this forum may be shown to a jury.

[StarFan]

Your remark was totally uncalled for and shows how small you are.

[abner]

Thank you. We live in Pennsylvania.

[monkeyshine]

I mean, I presume you built it with the idea that its image could be sold commercially, thereby (hopefully someday) making a profit. New York shouldn't be allowed to take that which you have created with the intent of selling.

If you intended to make and sell little bobblehead renditions of your flag balloon, postcards of your flag balloon, posters, flag calendars, and sell it's image for commercial advertising, they shouldn't be allowed to rip you off.

[Cacique]

It is the only design of this aircraft in the world. It happens to look like the US flag.

Therein lies the problem, it looks like the US flag.

And while we are at it, I suppose that it could be argued that your balloon violates the rules of flag etiquette as prescribed in the flag code passed by congress.

[Dr. Zoo and Syncro]

Fight the good fight kids.

You be Of Liberty.

Barry: Go west, young man...

[Seeking the truth]

Teri, now I understand your comments at the meeting tonight! (re: money being paid for an ad, remember?)

IMHO, sue the bastards. They do not want the resultant publicity - you do - its a win/win.

[notpoliticallycorewrecked]

This person is harrassing Terri and anyone that dares to agree that she has a case.
I know that he is entitled to his opinion, but he is coming across as a know-it-all.

BTW Thank you for your ideas to help in this situation.

[abner]

I mean, I presume you built it with the idea that its image could be sold commercially, thereby (hopefully someday) making a profit. New York shouldn't be allowed to take that which you have created with the intent of selling. If you intended to make and sell little bobblehead renditions of your flag balloon, postcards of your flag balloon, posters, flag calendars, and sell it's image for commercial advertising, they shouldn't be allowed to rip you off.

That is exactly it. We do sell merchandise. We have for over a year. The things we sell and the people that pay us to come to events all help us pay for pocket Constitutions which we give out to people at the events. If we make some money all the better.

[Cacique]

I suppose you are a perfect person who doesn't have erasers on his pencils and never makes mistakes. Must be a liberal.

[nutmeg]

read later bump

[abner]

It has to be a flag to be covered by the code. It is a rendition, still. We researched it extensively before we began the project. I am confident in my research.

[abner]

You are funny.