From: "Balloon Decor Australia" <sales@balloondecor.com.au>
To: <wynnlindybell@msn.com>, <balloondeco@balloonhq.com>
Subject: Re: Balloon bouquet - to use or not to use
Date: Thu, 16 Aug 2001 11:29:40 +1000

> We went that route many years ago and were informed by Balloon Bouquet
Inc.
> that we could NOT use the term "balloon bouquet" in any of our
> advertisements or literature or we would be sued for damages.   Balloon
> Bouquet Inc. sent us copies of lawsuits they had won in numerous states
> protecting their copyright of the term "balloon bouquet".


This is a very touchy subject with a lot of people. Copyright is Copyright
..... right?
After reading your post I wonder if I can sue all most every  balloon
businesses on the planet over their use of the expression "Balloon Decor"?
After all is our company name.

Legend has it Groucho Marx was once being threatened to be sued by Warner
Bros Studios over the use of  Casablanca in the the title of his 1946 movie
"A Night In Casablanca"
After several confusing letters back and forth Groucho relented and said
he'd accept their demands as long as they dropped Bros. from their name. He
considered that he and his brothers were older than the Warners and deserved
to have rights over the name.
Needles to say the communication was stopped and The Marx Bros. released
their film.

You can't just use any expression you like anywhere in anyway especially
within the same industry, you must observe Copyright laws. But in most
places these laws are seperate to business registrations, trademarks and
patents. Some of them get a little mixed up in some places, but mostly they
stand alone so don't be fooled by someone's "bully" talk.
 If you really want to use the name you might have to investigate with a
legal firm. Some people might have a business name registered but that
doesn't give them automatic Copyright over the name.


                                                            *
Sean O'Kelly                                *        *
BALLOON-DECOR Australia         *
PO Box 83, Dingley,
Melbourne, Victoria,Australia      *
Phone 61 3 9558 0723
Mobile 0414 546 173  Fax 61 3 9558 0717
www.balloondecor.com.au
WE TAKE OUR BALLOONS SERIOUSLY SO, YOU CAN HAVE ALL THE FUN
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