Post #421131 by Hot Lava on Thu, Nov 27, 2008 8:29 AM

Buddylove,

This is Hot Lava of Tiki Talk – I appreciate your frustration with the situation, but I'm disappointed you didn't contact me directly at Tiki Talk to let me know your side of the story. We probably could have resolved this without all the drama. Now you've got three threads open on T.C. and are making vague legal threats against me. Uncool.

I want to make sure we're all clear on one thing: Tiki Talk is not "selling" this item and has nothing to do with the sale of this item. I've simply posted a link to the seller's email address and some information about the item, just the same as when I post about a new book available on Amazon.com or a new mug from Tiki Farm.

It's very easy to search the old postings on T.C. and "your" Brady Bunch tiki has been slightly controversial from the start. Since you've decided air this in a public forum, I'm sure you won't mind answering a few questions so we can put this issue to rest once and for all and come up with a solution that will make everyone happy:

• What is your current relationship with Silver Shampain Novelties? In 2004 you called it "your company." Now you're selling a new sculpt here and on eBay, but not through the Silver Shampain Novelties site. Odd.

• If you're selling a new sculpt (which is way better), why do you even care if someone is selling a knockoff of your old design? Your new one is clearly better. Promote the heck out of it and let the market work it out.

• It seems that every time anyone has a Brady Bunch tiki for sale, you claim authorship. BigBro remembers buying one from "a nice Rockabilly kid named Brian with a prop company," then points to your post from 2004 with your ordering info from Silver Shampain Novelties. Then you jump in a few days ago and claim that it was a recast of your piece, which makes it look like you're accusing yourself of ripping yourself off. Confusing...

• Do you realize that, in theory, it's as illegal for you to use the Brady Bunch name to sell your replica tikis as it is for someone to copy your design and sell it as their own. I'm not judging, I'm just pointing out the hypocrisy.

I have no problem taking down the post at Tiki Talk. When I compare the sculpts, they do look nearly identical, and I think you have a case. The other guy had 6 of his whatever-the-origin tikis left at the time I put up that post and isn't going to be selling them again once they're gone, which they may be by now anyway. Like I said in the other thread, I'd be happy to promote your Brady tiki. It's great!

However, for the sake of disclosure, I'd like to say that when I contacted the other seller in early October, he told me that along with people making copies of his sculpture, another company had make a unique sculpture of the Brady tiki, but painted it brown instead of white/gray. That sounded like the Silver Shampain tiki to me and I took him at his word. You could at least entertain the idea that both of you created nearly identical tikis inspired by the show.

If you had a record of selling your tiki to the other guy, that would end the controversy. Or posted the photos of the original which you claim to have.

So that's the story from my side of the fence. I'll leave it up to you what happens from here.