I haven't posted on TC for quite a while and it's sad that the current situation is my reason for posting now. I could get into details but I'll spare you all that and get to the heart of the matter:

Max Fedela (Mo-Eye on TC, dba Taboo Island, tabooisland.com) has failed to pay royalties owed to me from sales of my licensed designs for over 1 year. I have given him multiple opportunities to make this right with no response except stall tactics. He has repeatedly failed to produce any accounting of sales or make even a token payment. After being exceptionally patient, I have come to the unfortunate conclusion that Max has no intention of clearing this debt.

It is truly upsetting that Max can't set aside the small percentage of his sales to compensate the artists who enable him to make a living (Yes, there are other artists in this identical situation). It would not be difficult to "pay as you go" by sending, via Paypal, royalties owed from Ebay sales at the time of the transaction. But not even this has been done.

How anyone can attempt to justify this business model is unfathomable. I have obligations that ABSOLUTELY RELY on my royalty income. So crying "POOR!" while I receive nothing from the profit off of my work just doesn't cut it with me any more. Bottom Line: Royalties due are a cost of doing business not unlike rent, a power bill or paying a vendor for supplies.

So I humbly ask that:

1. ARTISTS: Please be wary of doing business with Max Fedela, Mo-Eye, Taboo Island, tabooisland.com

2. PATRONS: Please do not buy any "Woody" mugs, "Marquesan Cloud Rower" reliefs, or any Squid lighters or pendants from Max Fedela, Mo-Eye, Taboo Island, tabooisland.com. Max has been given a Cease and Desist notice and these items are unauthorized reproductions.

Thanks.

Dave Cohen AKA Squid

Sorry to hear this Squid.
If someone does not pay him he does not give product.
But in your case you can't take or hold back your designs.
Good Luck, I will suport your cause.

P.S. You do great work and should be paid for it.

Aloha,

Well, I prefer to keep my business and any disputes private, but I'll gladly give a quick explanation here. Remember, there are 2 sides to every story. It is true that Taboo island has fallen behind in paying royalties to Dave Cohen. There is absolutely no intention to stiff or not pay him, and he has been told this numerous times. Taboo Island has had a very rough past year, financially. Among numerous other things, earlier this year, a customer stiffed us on a project for about $7000. I am a one man show here, and that nearly put Taboo Island under for good. Its been a constant struggle to stay afloat and rather difficult to come back from that kind of loss, but I am doing that as we speak.

All royalties owed to Dave Cohen are being and will be paid off. I do not cheat anyone.

The above post and the similar one on facebook were Dave's attempts to make good on threats and demands that he gave me, while I tried to remain calm and civil in our dispute. I'm sorry it had come to this, and I wish Dave Cohen the best of luck in the future, but Taboo island will no longer be working with him.

If anyone has any questions or concerns, feel free to message me, but I don't think there's a need to clog TC with this kind of stuff, and as I said, these types of things should be dealt with privately.

Mahalo,
Max
High Chief
Taboo Island

UPDATE: Payment received. Thanks for doing the right thing, Max.

I rarely feel the need to post, but this thread has made me uncomfortable. This was obviously a tactic to shortcut the legal process for business disputes.
It appears there was a business agreement between the two parties authorizing Taboo Island to manufacture and sell Squid designed products. The products do not simply become unauthorized reproductions when one party feels unhappy, since products were manufactured with consent. If Squid no longer authorizes Taboo Island to distribute his design, existing products should be bought back to allow Taboo Island to recoup the costs associated with the manufacture. Although their legal agreement determines the appropriate course of action, I doubt either signed a contract authorizing slander if payments are not made. If a cease and desist was in place prior to manufacture and sale, the state would process the case accordingly.

There is no need to publicly lambast a business partner. To imply existing Taboo Island customers possess unauthorized reproductions or bootleg products is an example of poor business ethics. I would be wary of entering agreements with businesses that offer emotional outbursts instead of legal proceedings when partnerships go awry.

HiTiki,

I am not sure who you are. I have been a member here for about 6 or seven years and not met you or familiar with you. I know one thing about Tiki Central. It is a forum...and one that encourages people to passionately share their experiences, perceptions, inspirations and opinion within the Tiki community. However, though Your "legally" verbose "discomfort" will be recognized as just that...and I can tell you, neither one of the people or others involved in this situation are skirting legal and using TC as an alternative without cause. They are part of this community.

You know nothing of this situation BELIEVE ME!!!! DO you know either of the parties you are referring to here? DO you comment understanding the details of the situation..or really looked into it... the complexity or anything at all? These two are NOT "partners" in a business..one is a supplier and one a distributor! I encourage you to remain "involved" and do such BEFORE you comment.

I see that you have made just two contributions to Tiki Central in your entire membership here, including this one. The other was just shouting out an auction number or something. If this sort of thing is what it takes to "motivate" you to say something and participate, you are in the wrong place my friend!
I am not going to make this thread a pissing match. Both parties made their statements...both are known by many, many people here, that should they choose, are far more qualified to comment than you. If you are a "law student" (you sound like my nephew who is in his first year in pre-law at USC) or want to be, or wanting to practice your banter on a place like this, and people and a situation you know little about, save your time! Most here just want to do ONE thing...celebrate the spirit of "Tiki" and a thing that is hopefully the one freaking thing in life many find as escape from b.s and daily crap we grind through regularly! However, if a person feels an injustice, they are also encouraged to share a concern! It's a small community..like a small town.

I am sorry if I seem to not validate your "discomfort". However, again, Tiki Central is is a blog..and a forum..a place to speak and share and create and most in here are really passionate and bright people..talented and more. Hold back your comments though until you better understand who or what you are commenting about! I am happy to discuss this one on one if you choose. You will have a willing ear and opponent!
Best to you none the less..and hope you find some inspiration in here a lot more exciting than this thread to become involved in. Hell, I need someone to play in clay with and make stuff! I will buy you the first 10 pound bag my friend!

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[ Edited by: THOR's  2012-09-23 15:42 ]

Can't we all just have a zombie? :o)

thor, a first year law student would know the difference between slander and libel.