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EXHIBIT A
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EXHIBIT B
Case 3:08-cv-03897-JSW
Message
Document 33-3
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Page 1 of 1
Subject : STAR WARS TEST REPORT
From : Ellen Liu [mailto:[email protected]] Sent : Monday, July 14, 2008 8:39 AM To: RAND - Allen Goldmeier
Cc: RAND - Mark Worksman ; SC SHA - Phil Song ; SC SHA - Terry Hu ; SC SHA - Vivienne Wang Subject : STAR WARS TEST REPORT Dear Xl! - l:, 4. 2001bs applied on the 1st fo!ding scooter tested at BV HK First of r,:i, please note that we can not say that BV was tested with incorrect test protocol with 20GIbs loaded mass. As my explanation sent to you before, BV used 200lbs on Dynamic Strength test was because they claimed that they did not find the manual with the tested sample, it means, we did not have max weight specify on our product for them to run the test according to the max weight we printed only on manual, therefore, according to the ASTM F-2264 regulation, if manufacturer did not specify the max loading weight, then it should be tested with 200lbs. Then, your question re "what is very best way to prove this test failure was performed to 200lbs test", as per my explanation stated above, I can not say that BV used "incorrect" weight to test our product, but with my previous explanation stated in my email dated 6123 and 6125 with the attachment of (1) ASTM-F2264 regulation; (2) BV test RQF; (3) our manual with 100lbs stated, it shows the first test failure was caused by BV used 200lbs on Dynamic Strength Test.
811512008
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Document 33-4
Filed 08/20/2008
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EXHIBIT C
Case 3:08-cv-03897-JSW Johnson, Kerry
From : Sent: To: Cc:
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Rodney Dudley [rdud ley @ rand international. com] Wednesday , August 20 , 2008 10:55 AM Glatt, Elana 'mworksman'
Subject : FW: TRU Safety Testing / Star Wars Program / LUCASFILM
Rodney Dudley Assistant to Steven Goldmeier RAND INTERNATIONAL 51 Executive Blvd. Farmingdale, NY 91735 531-249-6000, x279
From : Steve Goldmeier [mailto:[email protected]] Sent: Tuesday, June 10, 2008 2:03 PM To: 'Kristina Anderson' Cc: 'George Gross, Jr.'; 'Paul Southern' Subject: RE: TRU Safety Testing / Star Wars Program
June 10, 2008 Dear Kristina, I received your e-mail below. Attached is an e-mail sent to TRU that will summarize where we stand with Star Wars Program product. I m presently in Bentonville--returning tonight. Could you please advise if you are available for a meeting tomorrow or Thursday to meet during the Licensing Show? Please let me know when is convenient for you. Regards,
Steven Goldmeier RAND INTERNATIONAL 631-249-6000, Ext 252
From : Kristina Anderson [mailto:[email protected]] Sent: Tuesday, June 10, 2008 11:39 AM
To: [email protected]
Cc: [email protected]; Paul Southern Subject:
Hello Steve, I received a copy of the email sent to you by Joe regarding the sa fc ty test failure of the scooters. You asked us to support you when the issue over the helmets first came up. We met and discussed the situation and advised you this is an issue Rand and TRU need to fix as we do not get in the middle of licensee/retailer manufacturing issues. 8/20/2008
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Document 33-4
Filed 08/20/2008
Page 3 of 7
We then gave Rand another shot at correcting the helmet situation after we spoke on the phone a week ago last Friday, despite the regular (at this point) requests we seek another helmet partner. And now this. This makes the third embarrassing situation in which Rand has placed us with this retailer with whom we have worked to create a significant Clone Wars program for the Summer and beyond. This latest piece of information leaves us with no choice other than a) find another helmet partner and b) find another scooter partner. I understand hill well the view the licensor should stand behind the licensee and we have done that but at this rate our loyalty will cost us the wheeled goods program at TRU and that isn't a smart business move. And what can we expect from the bike tests? You have asked us to trust you and yet the items continue to fail the TRU tests to the degree TRU won't take Rand's items as they present a safety liability for their consumers. We can not and will not have unsafe helmets and wheeled goods in the market containing our IP. Lucasfilm will not get in the middle of this situation anymore as it is causing irrepairable damage on all relationship fronts. Instead, we will work to replace the items now being cancelled at TRU. In addition, we need to receive written confirmation that all safety tests for the other retailers into whom Rand has sold wheeled goods have been passed without issue. The confirmation needs to be backed up with whatever reports are submitted officially please. I noticed Rand did not schedule an appointment with us during Licensing Show so please email me the confirmations. Regards Kristina
8120/2008
Case 3:08-cv-03897-JSW Johnson, Kerry
From : Sent : To: Cc:
Document 33-4
Filed 08/20/2008
Pagel of 2 Page 4 of 7
Rodney Dudley [[email protected]] Wednesday, August 20, 2008 10:54 AM Glatt, Elana 'mworksman'
Subject: FW: TRU Safety Testing / Star Wars Program / LUCASFILM
Rodney Dudley Assistant to Steven Goldmeier RANG? INTERNATIONAL 51 Executive Blvd. Farmingdale, NY 11735 631-249-6000, x279
From : Steve Goldmeier [mailto:[email protected] Sent : Tuesday, June 10, 2008 2:03 PM To: 'Kristina Anderson' Cc: 'George Gross, Jr.'; 'Paul Southern' Subject : RE: TRU Safety Testing / Star Wars Program
June 10, 2008 Dear Kristina, I received your e-mail below. Attached is an e-mail sent to TRU that will summarize where we stand with Star Wars Program product. I am presently in Bentonville--returning tonight. Could you please advise if you are available for a meeting tomorrow or Thursday to meet during the Licensing Show? Please let me know when is convenient for you. Regards,
Steven Goldineier RAND INTERNATIONAL 631-249- 6000, Ext 252
From : Kristina Anderson [mailto:[email protected]] Sent: Tuesday, June 10, 2008 11:39 AM To: [email protected] Cc: [email protected]; Paul Southern Subject:
Hello Steve, I received a copy of the email sent to you by Joe regarding the safety test failure of the scooters. You asked us to support you when the issue over the helmets first came up. We met and discussed the situation and advised you this is an issue Rand and TRU need to fix as we do not get in the middle of licensee/retailer manufacturing issues. 8/20/2008
Case 3:08-cv-03897-JSW
Document 33-4
Filed 08/20/2008
Page 5 of 7
We then gave Rand another shot at correcting the helmet situation after we spoke on the phone a week ago last Friday, despite the regular (at this point) requests we seek another helmet partner. And now this. This makes the third embarrassing situation in which Rand has placed us with this retailer with whom we have worked to create a significant Clone Wars program for the Summer and beyond. This latest piece of information leaves us with no choice other than a) find another helmet partner and b) find another scooter partner. I understand full well the view the licensor should stand behind the licensee and we have done that but at this rate our loyalty will cost us the wheeled goods program at TRU and that isn't a smart business move. And what can we expect from the bike tests? You have asked us to trust you and yet the items continue to fail the TRU tests to the degree TRU won't take Rands items as they present a safety liability for their consumers. We can not and will not have unsafe helmets and wheeled goods in the market containing our IP. Lucasfilm will not get in the middle of this situation anymore as it is causing irrepairable damage on all relationship fronts. Instead, we will work to replace the items now being cancelled at TRU. In addition, we need to receive written confirmation that all safety tests for the other retailers into whom Rand has sold wheeled goods have been passed without issue. The confirmation needs to be backed up with whatever reports are submitted officially please. I noticed Rand did not schedule an appointment with us during Licensing Show so please email me the confirmations. Regards Kristina
8/20/2008
Case 3:08-cv-03897-JSW Johnson, Kerry
From : Sent : To: Cc:
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Filed 08/20/2008
Page 6 ofPage 1 of 2 7
Rodney Dudley [rdudley [email protected] Wednesday, August 20, 2008 10:56 AM Glatt, Elana 'mworksman'
Subject: FW: Star Wars Testing Issues 1 LUCASFILM
Rodney Dudley Assistant to Steven Goldmeier RAND INTERNATIONAL 51 Executive Blvd. Farmingdale, NY 19735 631-249-6000, x279
From : Kristina Anderson [mailto:[email protected]] Sent: Friday, June 13, 2008 6:07 PM To, Steve Goldmeier Cc: Paul Southern Subject : RE: Star Wars Testing Issues Hello Steve Thanks for the recap however I believe Jon Roman confirmed via email he was only taking the Toy Skate combos so the information below conflicts with the information I was given whilst in New York. I will let you take that up with Jon to confirm. In the meantime, I need you to send me the testing for all other retailers to show all the items have passed their necessary safety testing requirements. Thanks, Krstina
From : Steve Goldmeier [mailto:[email protected]] Sent : Friday, June 13, 2008 2:51 PM To: Kristina Anderson Cc: [email protected] Subject: Star Wars Testing Issues Clear Kristina, The TRU-USA situation is as follows on the S items that they have mentioned to you. We are sending you the copies of the testing results via DHL.
1.
16" Star Wars Bikes:
Rand has a recent BV passed certification. We then failed when submitted to BV under the TRU-USA PO
2.
Star Wars Toy Skate Combos: This passed under BV TRU-USA PO #.
812012008
rag, L vi /-
3.
Star Wars Skateboards:
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Rand has a recent BV test certification and we are waiting for results submitted to BV under the TRUUSA PO #. It failed because the sticker was not placed on the item but was placed instead on the shrink wrap around the item. The factory has corrected this for production. 4. Star Wars Helmets: Rand has a CPSC passed test certification dated June 6th, 2008. What happened here is when we submitted to BV Lab we were cited that the CPSC certification from Intertek Lab was dated beyond one year period, so we resubmitted 10 days ago to Intertek and now the new certification is dated a couple of days ago, June 6th. We are okay now.
5.
Star Wars Folding Scooter:
Rand has a passed BV test certification for the same Star Wars Model with generic graphics. When the Star Wars sample was recently submitted under TRU-USA PO #, it failed for two reasons sharp edges and it was mistakenly tested for a 200 lb. child. We are now resubmitting with corrections.
If you have any further questions on the testing of these items, please do not hesitate to call. Best regards,
Steven Goldmeier RAND INTERNATIONAL 631-249-6000, Ext 252
812012008
Case 3:08-cv-03897-JSW
Document 33-5
Filed 08/20/2008
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EXHIBIT D
Case 3:08-cv-03897-JSW
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Filed 08/20/2008 51,
W8'
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Case 3:08-cv-03897-JSW 3HLt Track details
Document 33-5
Filed 08/20/2008
Page Page 3 of 3 I of `I
Track results detail
Tracking results detail for 176441776445
Tracking summary
Current Status Delivered on Delivered to Signed for by Shipment delivered. 6/1812008 11:10 am Shipping Dock RICK 8
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Tracking history
Date and Time 6116/2008 11:10 am 8:41 am 6:33 am 5.02 am 611412008 4:49 am 4:38 am 2:02 am 1:37 am 12:01 am 611312008 11:58 pm 11:48 pm 9:26 pm 8:00 pm
7:06 pm Ship From:
Status Shipment delivered. With delivery courier. Arrived at DHL facility. Depart Facility Transit through DHL facility Depart Facility Processed at DHL Location Transit through DHL facility Depart Facility Depart Facility Shipment on Hold. Depart Facility Processed at DHL Location.
StJipnient picked up
Location San Francisco, CA San Francisco, CA San Francisco, CA San Francisco Gateway, CA San Francisco Gateway, CA Wilmington, OH Wilmington, OH Wilmington, OH New York. City Gateway, NY New York City Gateway, NY New York City Gateway, NY Melville, NY
Melville, NY Melville, NY
RAND INTERNATIONAL Farmingdale , NY 11735 United States
Ship To: LUCAS FILM San Francisco, CA 54129 United States
Shipment Information: Ship date : 6/13/2008 Pieces: 1 Total weight: 1 Ib' Ship Type: Letter Shipment Reference: Service: Express Special Service: Description
Tracking detail provided by DHL: 6f2512008, T.56:56 am'pt You are authorized to use DHL tracking systems solely to track shipments tendered by orforyouto DHL Any other use of DHL tracking systems and information is strictly prohibited. ' Note on weight The we+ghts displayed on this webst a are the weights provided when the shipmentwas created. Actual chargeable weights may be different and will be provided on invoice
PrintRslts. asp http://track. dbl-usa.com/Track-PrintRslts.asp
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Case 3:08-cv-03897-JSW
Document 33-6
Filed 08/20/2008
Page 1 of 8
EXHIBIT E
Case 3:08-cv-03897-JSW Johnson, Kerry
From : Sent : To: Cc:
Document 33-6
Filed 08/20/2008
Pagel of 3 Page 2 of 8
Rodney Dudley [rdudley [email protected]] Wednesday, August 20, 2008 10:58 AM Glatt, Elana 'mworksman'
Subject : FW: Tests 1 LUCASFILM
Rodney Dudley Assistant to Steven Goldmeier RAND INTERNATIONAL 59 Executive Blvd. Farmingdale, NY 99735 639-249-6000, x279
From : Kristina Anderson [mailto:[email protected]] Sent : Tuesday, June 17, 2008 4:37 PM To: Steve Goldmeier Cc: George Gross, Jr.; Paul Southern Subject : RE: Tests ...and, this just in, it seems the results have come to TRU today and the skateboard has failed for non-compliance with TRU's date coding requirements and they are not accepting the item.
From : Kristina Anderson Sent: Tuesday, June 17, 2008 1:31 PM To: 'Steve Goldmeier' Cc: 'George Gross, Jr.'; Paul Southern Subject: RE: Tests Hello Steve, There appears to be some confusion as TRU is telling me all they said Rand could do was an official test against the PO that they had written - hopefully after Rand has corrected the problem. So.....?? K
From : Steve Goldmeier [mailto:[email protected]] Sent: Tuesday, June 17, 2008 11:49 AM To: Kristina Anderson Cc: 'George Gross, Jr.'; Paul Southern Subject : RE: Tests
Dear Kristina, Regarding the Clone Wars folding scooter test certification, today I have requested my supplier to send this to me. I hope to have this to you by Thursday if not by tomorrow. Yesterday TRU (Joe Parker) has consented to Rand to go forward on the Clone Wars skateboard in addition to the Clone Wars skate combo, which we will be delivering shortly. 8/20/2008
Case 3:08-cv-03897-JSW
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For the remaining three items , the Clone Wars bicycle, the Clone Wars folding scooter; and the Clone Wars helmets , I will request a meeting with Jon Roman and Joe Parker for Rand to ask that they reinstate their Purchase Orders for the three resubmitted products under TRU' s P4 numbers. I'll let you know their response. Regards,
Steven Grldmeier RAND INTERNATIONAL 631-249 -6000, Ext252 From : Kristina Anderson [mailto:[email protected]] Sent: Tuesday, June 17, 2008 1:42 PM To: Steve Goldmeier Cc: Paul Southern; George Gross, Jr. Subject: RE: Tests Importance: High Hi again,
No reply from you about this and I am continuing to get email after email from TRU. Please send by today together with the result of your conversation with Jon concerning your email of last week stating your items were now ok.
This is now more than incredibly important so please prio ize for today. Appreciate it. Kristina
From : Kristina Anderson Sent: Monday, June 16, 2008 4:23 PM To: 'Steve Goldmeier' Subject: Tests Importance: High Hi Steve I received the tests you sent through - thanks. I need the recent test results you have for the Star Wars folding scooter as what you sent me is for a generic scooter and dated 10/22/07. Plus, please send me the other retailer test reports as requested as soon as possible. Do you have a key as to what each coded number on each test means too? Appreciate the above. Thanks, K
Kristina Anderson Lueasfilrn, Ltd. 1110 Gorgas Avenue San Francisco, CA 94129-1406 Tel: 415-623-1852
8/20/2008
Fay: 415-623-1550 BR. 415-342-7488
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Filed 08/20/2008
Page 4 of 8
8/20/2008
Case 3:08-cv-03897-JSW Johnson, Kerry
From : Sent : To: Cc:
Document 33-6
Filed 08/20/2008
Page 5 ofPage 1 of 2 8
Rodney Dudley [[email protected]] Wednesday, August 20, 2008 10:57 AM Glatt, Elana 'mworksman'
Subject : FW: Tests / LUCASFILM
Rodney Dudley Assistant to Steven Goldmeier RAND INTERNATIONAL 51 Executive Blvd Farmingdale, NY 11735 631-249-6000, x279
From : Steve Goldmeier [mailto:[email protected]] Sent: Tuesday, June 17, 2008 2:49 PM To: 'Kristina Anderson' Cc: 'George Gross, Jr.'; 'Paul Southern' Subject: RE: Tests
Dear Kristina, Regarding the Clone Wars folding scooter test certification, today I have requested my supplier to send this to me. I hope to have this to you by Thursday if not by tomorrow. Yesterday TRU (Joe Parker) has consented to Rand to go forward on the Clone Wars skateboard in addition to the Clone Wars skate combo, which we will be delivering shortly. For the remaining three items, the Clone Wars bicycle; the Clone Wars folding scooter; and the Clone Wars helmets, I will request a meeting with Jon Roman and Joe Parker for Rand to ask that they reinstate their Purchase Orders for the three resubmitted products under TRU's PO numbers. I'll let you know their response. Regards,
From : Kristina Anderson [mailto:[email protected]] Sent: Tuesday, June 17, 2008 1:42 PM To: Steve Goldmeier Cc: Paul Southern; George Gross, Jr. Subject : RE: Tests Importance: High Hi again, ply from yo : with the res I it c , to m TRU. Plea: nail of last we 'c y today your ItE -
8/20/2008
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rar,c L tii /-
This is now more than incredibly important so please prio ize for today. Appreciate it. Kristina
From : Kristina Anderson Sent: Monday, June 16, 2008 4:23 PM To: 'Steve Goldmeier' Subject: Tests Importance: High Hi Steve I received the tests you sent through - thanks. I need the recent test results you have for the Star Wars folding scooter as what you sent me is for a generic scooter and dated 10/22/07. Plus, please send me the other retailer test reports as requested as soon as possible. Do you have a key as to what each coded number on each test means too? Appreciate the above. Thanks, K
Kristina Anderson Lucasfilm, Ltd. 1110 Gorgas Avenue San Francisco, CA 94129-1406 Tel: 415-623-1852 Fax: 415-623-1550 BB: 415-342-7488
Krier , Inder,
8/20/2008
Case 3:08-cv-03897-JSW Johnson, Kerry
From : Sent : To: Cc:
Document 33-6
Filed 08/20/2008
Page 7 ofPage 1 of 2 8
Rodney Dudley [rdudley@ randinternational.com] Wednesday, August 20, 2008 10:58 AM Glatt, Elana 'mworksman'
Subject : FW: Star Wars Skateboard Model SW-2000 / LUCASFILM
Rodney Dudley Assistant to Steven Goldmeier RAND INTERNATIONAL 51 Executive Blvd. Farmingdale, NY 91735 639-248-6000, x279
From : Kristina Anderson [mailto:[email protected]] Sent: Tuesday, June 17, 2008 5:00 PM To: Steven Goldmeier; Paul Southern; George Gross, Jr. Subject : RE: Star Wars Skateboard Model SW-2000 Hello Steve, I believe Joe is the best person for you to speak with as I'm getting one message from Rand and one from TRU and neither come close to saying the same thing. My note to you came as a result of an email I receeved just this afternoon directly from TRU. Let me know the outcome and please copy Joe on the note so I know we are all on the same page and in agreement. Thanks, Kristina
From : Steven Goldmeier [mailto:[email protected]] Sent : Tuesday, June 17, 2008 1:47 PM To: Kristina Anderson; Paul Southern; 'George Gross, Jr.' Subject : FW: Star Wars Skateboard Model SW-2000 Kristina Please see the attached e-mail received yesterday. I will call you shortly. Tks/ Steve
From : Eileen Singer [mailto:[email protected]] Sent: Tuesday, June 17, 2008 3:41 PM To: 'RAND - Steven Goldmeier ' Subject : FW: Star Wars Skateboard Model SW-2000
From : Parker, Joe [mailto:[email protected]]
8/20/2008
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1ar,^.,I- vim,
Sent: Monday, June 16, 2008 8:45 AM To: Allen Goldmeier Cc: Roman, Jon; Arrizabalaga, Juan; Curran, Bob; DeBlasis, Hope Subject: RE: Star Wars Skateboard Model SW-2000 Allen The test report sent was not against our PQ#, but a voluntary submission. This gave a you a free pass to the next test. Please correct the outstanding issues and resubmit against the PD. Regards, Joe Parker Toys R Us Associate Buyer - Wheel World 1 Geoffrey Way, Wayne, NJ 07470 973-617-4861
From : Allen Goldmeier [mailto:[email protected]] Sent: Friday, June 13, 2008 3:04 PM To: Parker, Joe Cc: Roman, Jon; Arrizabalaga, Juan; Curran, Bob Subject: Star Wars Skateboard Model SW-2000 Importance: High
June 13, 2008 Joe, Attached is BV Test Certification of the Star Wars Skateboard vie Rand's voluntary submission. Today we received the result of the test submission to BV under TRU-USA PO# and it failed as the testing sample had the date code affixed on the shrink wrap packaging. The Star Wars Skateboard can be shipped A/Q from China factory with the date code properly affixed on the underside of the product so that it complies 100% with TRU's requirement. Please advise if you would like Rand to ship, cancel, or retest. I will assure you this product can be supplied immediately from China in full compliance. Allen Goldmeier
This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. To reply to our email administrator directly, send an email to EmailAdmin(ct)toysrus.com. Toys "R" Us, Inc.
8/20/2008
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Filed 08/20/2008
Page 1 of 3
EXHIBIT F
Case 3:08-cv-03897-JSW Johnson, Kerry
From : Sent : To: Cc:
Document 33-7
Filed 08/20/2008
Page 2 ofPage 1 of 1 3
Rodney Dudley [[email protected]] Wednesday, August 20, 2008 10:54 AM Glatt, Elana 'mworksman'
Subject : FW: Helmets at Toys R Us 1 LUCASFILM
Rodney Dudley Assistant to Steven Goldmeier RAND INTERNATIONAL 51 Executive Blvd. Farmingdale, NY 11735 631-249-6000, x279
From : Steve Goldmeier [mailto:[email protected] Sent: Thursday, May 29, 2008 6:42 PM To: 'Kristina Anderson'; 'Paul Southern' Subject : Helmets at Toys R Us
Dear Kristina & Paul, There are currently helmets on TRU shelves which are manufactured by the same factory, Grace AJ, that our Star Wars helmets are. Please see the attached manifest of tests. We are sending you a sample of the Speed Racer helmet purchased from TRU, along with the TRU receipt. Regards, Steven Goldmeier RAND INTERNATIONAL 631-249-6000, Ext 252
812012008
Case 3:08-cv-03897-JSW May 29, 2008
Document 33-7
Filed 08/20/2008
Page 3 of 3
Manifest of Test Reports Star Wars On Helmets
Ref# 3148181 CRT-001 HMV4 (SW-977) 5/04/08 *Result Intertek CPSC Standard
*The above test came back citing a labeling failure and the label was resubmitted by the factory on 5/27/08 pending results.
Ref# GLHGR071000515HM Ref# SPC0145750/0649/PJD/BT Ref# 3091252-001 Ref# 3071977-001
HM5500 (SW-978) HMV4 (SW-977) HM5500 (SW-978) HMV4 (SW-977)
11/14/07 1/23/07 6/19/06 2/08/05
Pass Pass Pass Pass
SGS Labs Satra Intertek Intertek
EN1078 Standard EN1078 Standard CPSC Standard CPSC Standard
**EN1078 standards is the European standard. The EN1078 standard exceeds the CPSC standard, and all CPSC test requirements are inclusive of the EN1078 standard. **The Grace AJ Factory sent additional samples to Intertek on 5/27/08 for an updated CPS test certification. Rand purchases our helmets from the Grace AJ Company, and the reason we use the Grace AJ Company to supply our helmets for TRU's program is because the Grace AJ Company is the present supplier of the Speed Racer and Spiderman cycling helmets that are presently retailed at TRU - USA. The Speed Racer and Spiderman helmets are made from the same micro shell and sport hard shell helmet styles that Rand is purchasing helmets made in the Star Wars model. Please note a sample of the Speed Racer helmet has been couriered to you for early morning delivery.
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EXHIBIT G
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Message
Page 1 of 3
Subject : RE: Star War for Kmart Program From : Ekey, David [mailto:[email protected]] Sent: Thursday, August 07, 2008 11:08 AM To: Larry Green Cc: Koenig, Kevin; Peter Pergament Subject : RE: Star War for Kmart Program Obviously this is not good news. In fact, it leaves me in a very bad position. I now have two holes in my planogram for 4th quarter. It may be too late for me to source new items to fill our needs.
Batman will be a consideration. However, I am not happy with Rand. I will have a very difficult time rewarding you ANY business at this time or in the future. Not getting Star Wars is going to hurt. I realize it was not completely your decision. I don't know what negotiations occurred. Frankly, I don't care. All I know is that 1 have a hole on my planogram and the potential for lost sales.
Dave Ekey
Buyer - Bicycles and Bike Accessories (847) 285-4802
-----Original Message----From : Larry Green [mailto:[email protected]] Sent: Thursday, August 07, 2008 9:28 AM To: Ekey, David Cc: Koenig, Kevin; Peter Pergament Subject: FW: Star War for Kmart Program Dave, As you are now know, Lucas Films has terminated Rand's contract for Star Wars. I just informed Tim yesterday. Since he had orders due to ship this month he was first on my list. I was out of town the past two days in meetings and traveling and you were on my agenda for this morning. There is not much more I can tell you about this than what is in the emails below. Rand does also have the Batman license for bicycles and I am sure you are aware of the huge success of movie. Can we talk about this as a possible 4th quarter item? Larry Green
--- On Wed, 8/6/08, Ekey, David
/13/2008
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Message Datc: Wednesday, August 6, 2008, 9:33 AM
Larry, Is there anything I need to know about?
Page 2 of 3
Dave Ekey Buyer - Bicycles and Bike Accessories (847) 286-4802
-----Original Message----From : Gelander, Tim Sent: Wednesday, August 06, 2008 8:32 AM To: Ekey, David, Koenig, Kevin; Kim, David Subject: FW: Star War for Kmart Program Star Wars -----Original Message----From : Larry Green [mailto:[email protected]] Sent: Tuesday, August 05, 2008 8:26 PM To: Gelander, Tim Cc: 'Allen Goldmeier'; Peter Pergament; Mark Worksman Subject: FW: Star War for Kmart Program Tim,
deeply regret having to inform you that Rand is having major problems with Lucas Films, the licensor for the Star Wars childrens skates and folding scooter.
Please refer to the email below as it expains in detail the current situation.
We currently have orders from Kmart with a ship to arrive date of 8/15108 for the two Star Wars items you have planned for your fall set. At this point Lucas Films will not let us ship this product to you. As noted below you might want to contact Lucas Films direct regarding this. Our contact is Paul Southern. Paul's email address is paul.southern a)lucasfilms.com. I am traveling tomorrow but will try to reach you by phone . You can also phone Peter Pergament in Rand's office at 800-338-7677 Ext 339.
Larry Green
From : Allen Goldmeier [mailto:[email protected]] Sent: Tuesday, August 05, 2008 3:01 PM To: Larry Green Cc: 'Peter Pergament; [email protected] Subject: Re: Star War for Kmart Program
August 5, 2008 Hi Larry,
Rand is presently in dispute with Lucasfilm regarding a termination of our contract. In
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Rand?s opinion we were terminated without cause; and over the last several weeks we have communicated continuously with Lucasfilm to resolve this matter, but to no avail. Rand has advised Lucasfilm of the on hand Star Wars program we are holding from Kmart, and we have requested Lucasfilm to allow Rand to supply these orders, although to date we remain unsuccessful. At this stage I believe the only way we could supply Kmart?s Star Wars program is if Mr. Tim Gelander contacts Lucasfilm and asks for their authorization to receive the Star Wars products from Rand that Kmart has ordered. Larry, please remember Rand has all of the Star Wars Skate Combos in stock in our West Coast warehouse available to supply at once. As far as the Star Wars Folding Scooters; we presently have 3,000 units available in our Farmingdale, New York warehouse while several thousand are sitting on hold in Rand?s inventory at our overseas factory. (Rand also has 2,900 Batman Folding Scooters in our Farmingdale, New York warehouse as well). Larry, I had hoped to work out Kmart?s supply with Lucasfilm, although at this stage we need to tell Kmart that Lucasfilm has denied Rand?s request. Maybe Kmart would have better success if they communicated with Lucasfilm directly? The person who I am in communication with at Lucasfilm is Mr. Paul Southern.
Regards,
Allen
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