Big Island Artist Brad “Tiki Shark” Parker Files Copyright Infringement Suit Against CafePress.com

Renowned local Hawaiian Tiki Artist Brad Parker and his attorneys David E Smith & Schneider Rothman IP Law Group filed a copyright infringement suit in U.S. District Court in Hawaii against internet retailer CafePress.com.

Through his Big Island based company Tiki Shark Art Inc., Parker sells his paintings at galleries locally and around the world.  His unmistakable lurid style of art reflects influences as diverse as the Flemish masters, comic books, and Hawaiian tourist kitsch.  Brad “Tiki Shark” Parker is a world class, award winning creator of Polynesian Pop Surrealistic Art.

Brad holding his original art piece "Forbidden Island".

Brad holding his original art piece “Forbidden Island”.

In May, the Dubai affiliate of surf goods giant Body Glove ordered from Tiki Shark Art some 25,000 towels featuring Parker’s painting “Forbidden Island.” However, the Middle East company cancelled when it discovered the image was already being reproduced on over 218 items by a Internet retailer CafePress.com.

The lawsuit claims that CafePress.com removed Parker’s signature, and reproduced and distributed it on consumer goods without his permission.

This looks familiar!

This looks familiar!

“It’s unfair and deceptive for someone to take an artist’s work and sell it with no recognition and no remuneration,” Parker said.

CafePress.com Inc. encourages its members to upload logos and images that the company then prints on products such as T-shirts and mugs and sells on its website.  For each transaction, the company pays a commission to the member who uploaded the image.

Brad drawing "Forbidden Island"

Brad drawing “Forbidden Island”

According to the lawsuit, CafePress did not investigate whether its members had licensing rights to Parker’s painting.  Tiki Shark seeks injunctive relief, declaratory relief, and damages for the full amount of its losses, plus statutory damages for removing Parker’s signature.

“This is not the first time CafePress’ business model has landed the company in litigation,” said Joel Rothman, a partner at Schneider Rothman. “We are asking the Hawaiian court to order CafePress.com to stop all its unauthorized sales and pay Parker what he is rightfully owed,” added local attorney David E Smith.

About Tiki Shark Art Inc:

Tiki Shark Art Inc is headquartered in Kailua Kona, Hawaii.  Their art business is heavily represented locally on the Hawaiian Islands, on the Mainland – especially in Southern California, South Florida and Internationally in over 13 countries including Middle East, Australia, Japan, Canada and The British Virgin Islands.  The company has been quoted by Hawaii Style Magazine “as one of the fastest growing Island lifestyle companies in Hawaii”.

3 Responses

  1. […] Big Island Artist Brad “Tiki Shark” Parker Files Copyright Infringement Suit Against Caf… (damontucker.com) […]

  2. To say that “CafePress.com Inc. encourages its members to upload logos and images that the company then prints on products such as T-shirts and mugs and sells on its website.” Is NOT true. I have a shop on cafepress and they make you agree to a very detailed list of Terms of Service and Content Owner Agreement. They have so many people uploading and using their service it would be impossible for them to police it all. Unfortunately it seems that in day and age everyone thinks they are a writer or an artist and the internet is free game. I am glad that this artist caught whoever it was uploading his designs on cafe press and I hope he gets retribution. In short Cafepress has been very good to me. It is my only source of income at the moment because I suffer from debilitating autoimmune disorder. They are not the bad guy here. The individuals who are down loading and taking credit for others people’s artwork and writing are the villains and should be held accountable. (Just sayin’)

  3. […] article with a photo appears on the website of Damon Tucker, who has one of the most trafficked blogs in […]

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