Barefoot Weddings Legal Notice
To all other Beach Wedding Companies that are NOT licensed through Barefoot Weddings Inc.
Due to the amount of Wedding Companies that are copying our beach wedding decoration as well beach wedding format we have retained legal counsel to help protect our interests... as this has been an ongoing conflict of interest we will NO longer refer to any wedding companies other than those that are licensed to use our Beach Wedding Format and Decorations.
We are in no way stating that BAREFOOT WEDDINGS INC. are the orginators of "Beach Weddings" .
Competition is a great benefit to future clients as they should have a choice of "different" Beach Wedding Companies to choose from.
We have had other wedding companies come to our office posing as couples as well as via e-mail and telephone to obtain our trade secrets- therefor we are limited to the amount of information given until a booking is confirmed.
If you are an existing wedding company and would like to be licensed to use our beach wedding format and ceremony as well "Original" Beach decoration including; but not limited to the "Original" Starfish and Seashell Wedding Arch, Unity Heart of Glass- Sand Ceremony, tiki, fern and floral aisle, etc.; please call our office.
United States Patent and Trademark Office Registration #3044574 Serial#78-373,499
Florida Trademark Registration # T07000000870
Please read the following information:
Unfair Competition Law
Unfair competition law encompasses a variety of types of commercial or business
conduct including acts of trademark and trade dress infringement,
false advertising, dilution, and trade secret theft.
Unlike other areas of intellectual property protection, such as patent and copyright law, unfair competition claims are not pre-empted by federal law and may involve both federal and state causes of action.
The purpose of unfair competition doctrines is to protect consumers and competitors from deceptive or unethical conduct in commerce. The typical unfair competition situation exists, for example, when a business represents its goods or services in a manner that buyers confuse the particular goods or services with those offered by another business.
Such claims may cover a myriad of potential items including unique and distinctive symbols, logos, methods of packaging, slogans, business names, “trade dress”, advertising campaigns, and unusual titles.
Where a judge finds that a business has engaged in unfair competition, he or she can issue an injunction prohibiting them from further activity and order them to pay monetary compensation to the injured party.
Protecting Creative Expression Under Copyright Laws
When most people think of creative expression, they naturally envision the work of individual authors, artists, poets, singers, and musicians. In fact, these works only comprise the classic examples of copyrightable subject matter.
Less obvious, however, is the multitude of everyday business components that lend themselves to copyright protection.
In today’s hyper-competitive business environment, the potential valuation of a company lies not just in its physical assets but is based to a great extent on its ability to develop and capitalize upon a steady stream of new ideas and creativity. In this regard, important creative components of a business including sales brochures, advertising, solicitation letters and emails, instruction manuals, architectural and engineering drawings, pictures, photographs, paintings, graphical images, web-site designs, computer software, music, and sound recordings can all be protected under copyright law.
Copyright protection generally lasts for 70 years and protects the original expression of an idea, whether literary, artistic, commercial or otherwise. It is used to protect original works of authorship that are fixed in a tangible medium of expression.
Under current law, copyright protection attaches to a work whether or not the copyright owner registers the work with the U.S. Copyright Office. However, registration is required before an infringement lawsuit can be filed. Also, registering a copyright within three months of the work’s first publication entitles the owner to statutory damages and attorney fees in an infringement action. Copyright registration is inexpensive and it is advisable to register any work believed to be of value.
The owner of a copyrighted work has the exclusive right to reproduce the work,
prepare derivative works based upon the work, distribute copies of the work to the public, perform the work publicly, and display the work publicly.
One significant disadvantage of copyright protection, however, is that “independent creation” is a valid defense to an infringement action.
In other words, a defendant can avoid liability as long as he or she can show that they did not copy from the earlier work.
***We are prepared for legal action- We do have dated photos of our original designs and ceremonies
as well as beach wedding packages since 1999****