eBay: new 3 footed moai from the kahiki

the old kahiki restaurant is back in action
they have been making frozen food since the restaurant closed in 2000. they just moved into there new factory. when they moved they found a bunch of the old mugs in storage. I have been selling those on ebay.
they are now making some new ones. this 3 footed moai is pretty cool
thanks for looking
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&category=29460&item=3978890221&rd=1

[ Edited by: bdler3 on 2005-06-04 13:27 ]

Why are they making new mugs? Do they plan on adding frozen drinks to frozen food line?
Aloha,
:tiki:

I don't know.
next time I am there I will ask.

boy, looks like the kahiki ripped off my sculpt for the feet. I used to produce the tiki necklaces and magnets for them a few years back...that tiki was sculpted from nothing, based on a 2-d pick from their napkin. thanks for not asking permission to use it on the mug as i'll bet it's the same size, just cast in ceramic once they were attached to the cup. It wouldn't be an issue had they bought the molds outright and kept the design for their own use as it's based on the kahiki tiki and I can't use it or produce it again without their consent as it is a copywritten image, however the sculpt belongs to me...looks like I gotta give ol' mr tsao a call.....

On 2005-05-31 10:08, Tipsy McStagger wrote:
boy, looks like the kahiki ripped off my sculpt for the feet. I used to produce the tiki necklaces and magnets for them a few years back...that tiki was sculpted from nothing, based on a 2-d pick from their napkin. thanks for not asking permission to use it on the mug as i'll bet it's the same size, just cast in ceramic once they were attached to the cup. It wouldn't be an issue had they bought the molds outright and kept the design for their own use as it's based on the kahiki tiki and I can't use it or produce it again without their consent as it is a copywritten image, however the sculpt belongs to me...looks like I gotta give ol' mr tsao a call.....

Hey DSK,
You might want to search ebay under Kahiki, so you can see the necklaces that are also being re-produced and up for auction!
TTFN

..and what's more, they are knocking off my original necklaces on ebay!! claiming to be made of ceramic as opposed to the resin ones i originally produced..yeesh!! what f**king balls!! heads will roll for this...someones in alot of trouble.....

thanks for tip off bamboo!!!

Tipsy, you do nice work! If you sold those pendants on your web site, I would buy them.

Just planting a seed....

I would buy one as well.

Just watering the seed...

this one is 5 inches tall
and the necklace feels ceramic
I remember the old necklaces from the restaurant they had a different feel to them

you claim in your auction for the necklace that it's 2 1/2" tall -same size as my old ones.. regardless, I'll have to contact michael and alice at the kahiki and get to the bottom of this....I will also have to notify ebay about the auctions and putting a stop to them. - until this gets resolved, i don't really care to have folks making a buck off what's not theirs and right now those necklaces are considered counterfeit....if kahiki wants to make necklaces, fine....they just have to make different ones and stop using my sculpt which they never paid for to begin with...This can all be resolved peacefully without resorting to legal actions. -If kahiki wants to use the sculpt, they have to reimburse me the cost of the sculpt plus the original molds. If they can agree on that i'll wash my hands of this issue ,send them the original castings and whatnot, and they can do with it what they please...I approached the kahiki about having necklaces madea few years back and shelled out my own money for the sculpt and molds. kahiki only paid me per necklace....these molds have been sitting around here for a few years .I've known the tsaos for a about as long and am suprised that they didn't bother to at least contact me on this. sorry to come off as such a hard-on about this but, hey, way it goes....if it was your artwork you'd be pissed too. I believe there is a thread on here somewhere about artists work being ripped off.....anyway, we'll see what happens.

I've always felt there was something rotten in the state of Denmark about these auctions. But that's just my take. If these mugs prove to be a ripoff, then I rest my case.

sorry, I meant the cup was 5 inches tall.
the necklaces are 2 1/2 inches long.
hey dont be upset with me. I bought this stuff and I am reselling it no harm no foul.
I did not know of anyone else's involement.
sorry if you got screwed It was not by me

so does that make it okay?? you're making a buck at my expense..that's money out of my pocket. but my issue is with kahiki, not with you....the least you can do is give me credit for the design when you list it on ebay. include that they are reproductions of the original kahiki necklace designed by dave krys of DSK designs. this would make me happy and keep me off the backs of all those selling the necklaces and cups that incorporate my design.

thanks-

D,

I had a very similar thing happen with some burnt CD's I bought from a supposed dealer recently. They were out of print and I assumed he had "closeouts" he was selling for $17. Nope, got CDR's with poorly made inserts. The seller claimed the same thing..."I didn't make them so it's not my bad". BULL SHIT!!! If you are selling stolen material (whether it be physical or intellectual)you are definitely in the wrong.

Matt

wow dude-thats pretty strong
I did not STEAL anything... I am just trying to put food on my table.

So if I buy something at a garage sale and list it on ebay I have to figure out who the original designer is and give them credit? Part of this argument smells of swiss cheese...

On 2005-06-01 12:18, Tiki Matt wrote:
So if I buy something at a garage sale and list it on ebay I have to figure out who the original designer is and give them credit? Part of this argument smells of swiss cheese...

I don't think Tispy's argument is that bdler should have double-checked his merch up front. Consider counterfeit items for sale on the street -- those are stolen designs, and those sellers are not able to get off with saying "well, I don't care if the design is stolen, I paid for these knockoffs fair & square!" Once they know they're not legit, they have to stop selling them.

I think Tipsy's being very fair in simply asking that he be given credit for the use of his design, when he'd be totally in the right in asking eBay to halt the auction altogether. Tipsy's being very gracious, and he's been quite clear that his beef is with those responsible with making, not selling, these knockoffs of his work.

Read my post again please! I never said YOU stole anything. Only that you are selling the stolen intellectual/artistic property of DSK Designs (using without asking is stealing). That in itself is against the law. Just like selling a fake Gucci bag on the corner.

As a seller on eBay, the rules are very clear about this kind of activity and at the very least the listing could be ended if Dave were to file a complaint. Sorry if this offends you but it's the harsh reality!

Matt

On 2005-06-01 11:14, bdler3 wrote:
wow dude-thats pretty strong
I did not STEAL anything... I am just trying to put food on my table.

This whole thing here is getting pretty ridiculous! Why does everyone have their panties in a bunch over this? Was artwork not the property of the Kahiki to begin with? They commissioned the work to be done. So how can this really be stealing when the art was theirs to begin with. Blder3 is selling what they bought from the Kahiki Factory Store!
Just a couple of cents worth!

(pulls panties out of ass)...the argument is pretty simple...according to DSK the Kahiki folks do not have ownership of the design (yes, it was based on existing design) that they commissioned and do not have the right to reproduce. If the reproduced items are not liscensed and legal, then the sale of these items is also not legal. Pretty basic copyright law.

Matt

On 2005-06-01 13:47, BambooLodge wrote:
This whole thing here is getting pretty ridiculous! Why does everyone have their panties in a bunch over this? Was artwork not the property of the Kahiki to begin with? They commissioned the work to be done. So how can this really be stealing when the art was theirs to begin with. Blder3 is selling what they bought from the Kahiki Factory Store!
Just a couple of cents worth!

Ah, scandal...I love it! The fact of the matter is this: If Tipsy has a contract, which any artist / designer in his right mind should have when doing this type of work, then there is a valid complaint here. If there is a contract, it should give Kahiki the right to use, alter, produce, the design with or possibly without limit. If it doesn't, then the Kahiki is pretty lame. The same contract should allow Tipsy to use the design for self promotion, i.e. his portfolio, but would not give him the right to use the design for monetary gain, i.e producing the necklaces himself to sell. If there is a proper contract, they (Kahiki) don't have to give any credit to anyone - especially if it is their design to start with! Come on folks, this basic stuff here. If an artist / designer doesn't get a contract, then shame on them. If Tipsy has one that will back up his claims, then go get 'em tiger and good luck!

Also, I don't get the copyright thing that Mattfink is reffering to. If it's Kahiki's design, then how can they be stealing it?

Everything Tiki at: http://www.bartiki.com

Visit http://www.tiki-mug.com for The Art of Polynesian Pop

[ Edited by: Tiki Matt on 2005-06-01 14:43 ]

DSK's design is based on the original, not a copy of the original. Damn, these panties are getting uncomfortable....

Matt

Also, I don't get the copyright thing that Mattfink is reffering to. If it's Kahiki's design, then how can they be stealing it?

---

Everything Tiki at: http://www.bartiki.com

Visit http://www.tiki-mug.com for The Art of Polynesian Pop

[ Edited by: Tiki Matt on 2005-06-01 14:43 ]

On 2005-06-01 14:53, mattfink wrote:
DSK's design is based on the original, not a copy of the original. Damn, these panties are getting uncomfortable....

Matt

Still don't get it, sometimes I'm like a rock. My understanding is that Tipsy did a sculpt for Kahiki based on their (Kahiki's) design, correct? How is it Kahiki 'stealing' the design?

I liken it to this: If I commision Tiki Farm (for example) to do a sculpt and mug based on my copyrighted logo, I still own the design and can do with it what I want, right? Can I produce mugs on my own using one of the Tiki Farm mugs as a 'sculpt'? Probably not, why?.....Drum.......Roll......Because it says so in the CONTRACT! Ah, always back to the contract.

look, bamboo is right -it's out of hand, however. kahiki never approached me about the necklaces - I approached them, there was nothing done on commission here. I designed a sculpt based on my interpretation of their already existing tiki, which existed only in 2-d form prior to my developing one in 3-d. yes the image belongs to them, but not my sculpt, especially when they haven't bothered to alter it in the least, just cast it directly from my originals!! had they used a different tiki or did something to it to make it more their own rendition(i.e change his shape, expression, etc.) I would not have a beef. ....They didn't. I did all the legwork and development to create the necklace and the magnets, only to have kahiki waltz on in, pay nothing for the original sculpt and start selling them like no one would notice. This is what gets my goat. Had they reimbursed me for the sculpt and molds i would have had no problem either, as they would officially have owned the rights to it. let me give you another example of this. I produce the elvikis for cindy crowell, as most of you know. That particular sculpt of him belongs to dsk designs. not even cindy can legally produce elviki in that particular form. he's my interpretation of her 2-D character. If she wanted to make these herself she would need to make an entirely new sculpt with a new pose and all, not just take my design, cast it and start selling them.... anyway, I choose to be optimistic about this having known the folks at kahiki for a few years and having a good relationship with them (up till now..) Besides, if i don't get paid, i can always start reproducing them again myself and sell them until i make back what is owed and not a penny more-not a penny less. It's just as easy (and unethical) to use their name to sell my product as it is for them to use my art to sell theirs...but for now, this is all i'm going to say on this subject. Hopefully the kahiki and i will come to some arrangement to rectify this nasty situation. This isn't the first time I've had to defend my designs and probably not the last, just par for the course.....

So if all of this gets worked out in a non bloodbath fashion, is there a way for those of us in the general public to purchase these mugs online aside from ebay?

Or a Kahiki mail order? Anybody know the product nymber of this mug? I like the design, but I want my Karmic credit card clean...

Dang that mug looked cool! Don't want it anymore.

I think all of these items are available at the Kahiki outlet store in Columbus, OH. They might be willing to ship if they call. I understand they also have Rum Barrell and Skull Mugs down there as well.

Matt

On 2005-05-28 06:47, bdler3 wrote:
the old kahiki restaurant is back in action...

What restaurant??? They renigged on their statement of building another restaurant. They're now just another crappy frozen food company, in my opinion.

Hi everyone I spoke with tipsy yesterday he said his fight is not with me but with the kahiki people. I told him I was going to continue to sell the items. so please everyone don't be mad at me like I said just trying to earn a buck.
hey McDougall if you like the mug bid on it
my kids will appreciate it
barry

Say... What about some of them nice kahiki pants all the kids are wearing? Where can I get me a pair of them?
Aloha,
:tiki:

hey thanks again

looks like things will be worked out between the kahiki and myself.....enjoy the mugs and necklaces!!

I got a reply from Kahiki saying they were surprised by the reaction ie selling out quickly of the mugs,

So they sold out, but are planning on more stuff in the future.

I got a reply from Kahiki saying they were surprised by the reaction ie selling out quickly of the mugs,

So they sold out, but are planning on more stuff in the future.
*

I got an idea for those Kahiki people:

Sell 'em at Walgreen's...

midnite

thanks again

going going gone

[ Edited by: badmojo 2005-07-13 10:08 ]

I dunno, mojo. That casting looks like it has a few more curves than the original. :)

-Z

Tiki of the Valley.

A tiger in Africa?

[ Edited by: Kono 2005-07-13 15:05 ]

[ Edited by: badmojo 2005-07-13 10:09 ]

SHHHHHHHHHHshhhhhhhhSHHHHHHHshhhhhh....

[ Edited by: Kono 2005-07-13 03:23 ]

[ Edited by: Kono 2005-07-13 15:06 ]