Couple Says NY Stole Their Balloon

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

[dixie sass]

Thanks for the ping, kayak.

[Navy Patriot]

We haven't copyrighted the flag. No one can do that.

Exactly my point, if you had any other display it would be yours. I looked at the photos and the balloon IS the flag, and is properly displayed when inflated. You deserve your fee for labor to create and fly the display, and for the physical object the baloon is should you care to sell it, but not for the image, that belongs to all of us. I don't have to credit or pay Betsy Ross whenever I display the image of the flag on my car, home, ect.(or I'd be broke)

Your balloon is an outstanding display, and anywhere there are patriots they will be thrilled to pay you (deservedly) to fly it.

[RikaStrom]

It also sounds as if they (NY) knows that they are guilty of some wrongdoing.

That unfortunately seems to be the current state of events in NY at the moment.

Hi Dixie, how are you doing lately? Feeling ok?

[abner]

We have tried to talk with them, but as the article says they have stopped answering our inquiries. We don't wish to sue, but since they have stopped talking we probably will have to. It is very frustrating. I think they think since we are "the little guy" we will just go away. But, they don't know us.

Besides, if they are allowed to get away with this, anyone will feel free to do the same.

[Tribune7]

How about the basket and the people inside the balloon?

[dixie sass]

Didn't I just read in the article that NY said the campaign was over? Goodness, Hillary and Bill are having a big influence on those people, aren't they?

[dixie sass]

Hello IJ, good to see your smiling face again!

[Diddle E. Squat]

I hope you get really good settlement terms, such as NY agreeing to a recall election for Hillary...

[RikaStrom]

They obviously don't know who they are dealing with, do they?

Let me know if I can be of any help, I'm great at writing scathing, but civil, letters. :-)

Give your husband a hug for me, I hope to see you guys in January!

[Mo1]

If it was a newspaper that took a picture, that I guess is okay as long as the picture is used to show a timely event. BUT, the state of New York used their means of income to PROMOTE the state of New York, to influence others to come to New York, to visit and spend money.

That would be my take on it ... New York should have known better then that ..

[abner]

It is an image, aircraft and a marketing program that they just felt free to steal to sell another product that is not our product. Which is the US Flag Balloon. They are using it to promote NY and NY's fiscal gain.

The ad people got paid, the magazines got paid, the photographer got paid, the lawyers that won't talk to us anymore got paid, but the focal point(star) of the ad did not.

We have a unique one of a kind aircraft that happens to be in the shape of the US flag. They took the image and used it for their fiscal gain. That is theft.

[ChemistCat]

It's a beautiful balloon, and I hope you win.

I got to ride in one when I was a teenager, and I will never forget it. It is my hope that I can get my kids a ride in one before they're grown and gone. I'm running out of time...my oldest is 11!

[abner]

How can I answer that one? LOL!

[isthisnickcool]

Thanks for the nice synopsis and visual.

I'd sure like to see that beautiful flag balloon next time we have this at NASA in Houston.

The way I see this, if the state of New York can say they have the rights to this then you should be able to protect your property since it is even more unique in nature.

Go after them even though they may act like you have no case. They may back down and pay you. You might see that they are full of hot air and fold. Hey, I made a ballon joke:)

[abner]

ping!

[dixie sass]

It is THE main thing that people come to see. People are fascinated by it. You can ride around the streets of whatever town they are flying and look at the faces of the people - everything from open-mouthed astonishment to absolute unmigated pride and understand, why people are so disappointed when because of winds are rain they can't stand the balloon up.

Last year, in North Carolina, people came to see the Hot Air balloons, but judging by the number of people that were gathering around the area of the flag and the one question that was constantly asked - "When is it going up, when are we going to see it?" It was the primary draw...

A beautiful sight...

[Cacique]

1) the state of New York is not a commercial enterprise, therefore whatever it does is not a commercial purpose.

2) Since their baloon flies in public and it's image happens to be photographed it is in the public domain. Since they cannot have a copyright of the flag, they have no case. If they don't want to be photographed, they should hide in a cave and stop bitching.

[Cacique]

1) they cannot copyright the US flag, it is in the public domain.

They may have a trademark protection for the name or unique design, but that only counts if NY state was build and fly it's own baloon exactly like theirs. I doubdt it would hold in court though. You cannot trademark the US flag. You can trademark a unique design that incorporates the US flag, but that is stretching it.

They actually ought to be glad for all the free publicity and stop bitching and moaning.

[dixie sass]

Hello Dale and Mrs Dale.

[abner]

I Love NY is a .com, not a .org, that makes it a commercial venture. The I Love NY campaign is an income generating ad campaign. In fact, it is one of the most sucessfull ad campaigns in history. It is an income generating vehicle for tourism in NY State.

I do want my balloon to be photographed. I just don't want people selling their product with that photograph. ;-)

Do you want a photo of yourself attached to a Viagra ad for free? I don't know a lot of guys that would.