Replies

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.

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.