eBay: Bad ebay auction !!! Properly warned seller.

Here's what I sent the seller.

"This is not 'Vintage' They are in fact, a copyright infringement from a well known (and published) artist. He's looking for those like yourself that sell these and label them as 'Tiki vintage' They are a direct violation of copyright infringement by Whaler's Rum, and are under direct legal scrutiny. My opinion, I would pull this listing. Just my thoughts. I am a member of Tiki Central (bulletin board [aged and very wise and funded] I would consider this email/message. I am only wanting to give you fair warning.

Jstirish"

Here's a pic...

Hope I'm not bad, but, I am a serious collector and when I see mis representation, I get my blood boiling.

Either, it going to be pulled or sell for hundreds of dollars

On 2006-02-17 17:36, McTiki wrote:
They are in fact, a copyright infringement from a well known (and published) artist. He's looking for those like yourself that sell these and label them as 'Tiki vintage' They are a direct violation of copyright infringement by Whaler's Rum, and are under direct legal scrutiny.

[ Edited by: filslash 2008-09-15 15:36 ]

i have to ask again,"aren't all modern day tikis just a ripoff of the origial artists?"and one for the lawyers, "can you copyright a religous symbol?"

There at least a hundred slightly different looks for the Moai along. I have at least that many pictures saved on my harddrive cause they are a alittle different. I guess, this one is a direct copy. And really this mug is so far for an actully stone Moai.

It's not the object "easter island head/image " that is under scrutiny here, but a particular artists rendition or interpretation of the object"easter island head/image"......let's make this clear.....there are thousands of interpretations of easter island heads.....each artists particular twist on it is his own variation/interpretation, provided no one else prior to him came up with that exact same interpretation. If someone else is too lazy to create their own version and steals/ uses someone elses without their consent, this could violate certain copyright laws....and here's where the monster bites you in the ass........the reason so many versions of easter heads exist is not because people were suddenly bursting with creativity and love of tiki, but because in order to GET AROUND COPYRIGHT INFRINGEMENT LAWS you only have to change the design a small percentage from the original in order to safely side- step a lawsuit!!! (about 30% or less I believe). ......so there you have it. This also applies to why so many tiki mug makers got away with making mugs similair to their competeters.....the restuarants and bars, in their race to capitalize on each others successes in the biz, copied those successes be they mugs, menus, graphics, decor or what have you by doing so in a way that kept all parties out of the courtroom, and yet were similiar enough that the general public wouldn't notice or care.

This is not 'Vintage'...

McTiki, According to Websters, that is not a true statement. I have also seen numerous 'new items' on ebay advertised as 'vintage' and have thought of emailing the sellers to tell them they were guilty of false advertising. But first I consulted my dictionary and was surprised by what I found.

Websters defines vintage as: representative of or dating from a period long past

This mug is representative of an old mug so is therefore 'vintage'.