Big Island Artist Brad “Tiki Shark” Parker Sues CafePress.Com

CaféPress cost a painter $250,000 by removing his name from an artwork and selling products featuring the art directly to a foreign client, cutting out the creator, the painter claims in court.

Brad "Tiki Shark" Parker gets down at the Body Glove 60th Anniversary Pary

Brad “Tiki Shark” Parker gets down at the Body Glove 60th Anniversary Pary

Tiki Shark Art sued California-based CafePress.com, in Federal Court.  Brad “Tiki Shark” Parker owns Tiki Shark Art, which is based in Kailua-Kona on the west side of the Big Island.

My 2014 Tiki Calendar signed by Parker.

My 2014 Tiki Calendar signed by Parker.

Parker says in the lawsuit that he painted “Forbidden Island” in 2007 and owns all rights to it.  He claims Café Press sells “blank” products that can be customized by members with their imprint, then sells and ships them to the public. Café Press gets paid for orders and pays members a commission based on the products sold.

But “Parker and Tiki Shark have never been associated with Cafe Press’ products or endorsed Cafe Press’ products,” according to the complaint.  Parker claims he lost a $257,728 order from a Dubai company after the company found his work on the CafePress website.  He claims the Dubai company order 25,000 towels directly from him, each one to bear his “Forbidden Island” image, then canceled it and bought it through Café Press.

Parker claims Café Press removed his name from the original painting, and has been selling it on towels, flip-flops, mugs and other items without his permission.

Brad "Tiki Shark" Parker signs autographs while Jenna Meistrell from Body Glove meets the public.

Brad “Tiki Shark” Parker signs autographs while Jenna Meistrell from Body Glove meets the public.

He seeks damages for copyright and trademark infringement and lost profits.  He is represented by David Smith in Keauhou, Hawaii and Joel Rothman of Schneider Rothman Intellectual Property in Boca Raton, Fla.

(Information from Courthouse News Service:  Can’t Do That, Artist Tells CafePress)

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5 Responses

  1. […] Big Island Artist Brad “Tiki Shark” Parker Sues CafePress.Com (damontucker.com) […]

  2. […] lawsuit was also reported on a Hawaiian news website, DamonTucker.com. One comment on that article read, “They just […]

  3. Dont let these A holes get away with it. These kinds of companys know exactly what they are doing. They just expect artist to take it and not do anything about it because they know most “starving” artist cant go through the litigation process. I know you will win this one and hope it teaches them a lesson. For all you other artist out there dont let people steal your work, go after them.

  4. Thank you Damon for helping get the facts out there. Cafe Press is a very large company. I have heard tales that small time artists can get taken advantage of sometimes. But, gosh, Damon, I wish you could have used a more dignified photo of me – than me doing the hula at the big Body Glove Party!
    Thank you, mahalo, for all your support and aloha,
    Brad Parker

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