Cast-a-Way Toys: PLEASE READ

[jimsmegos]

Steve Forde is Go Hero, and a heck of a great guy... this is what he wrote to me just today:

David,
Again, I am sorry to hear about your situation. As you know we reported our problems last year. We hired them in 2008, as did a bunch of companies. We stopped new projects in 2009 due to incompetence, mismanagement, price gouging, missed deadlines, and non-conformance. In 2010 they worked with a US accomplice and stole our intellectual property, designs, products, tooling, money, identity; they lied, criminally harassed, threatened, defamed, incited hatred, impersonated me and Ray Harryhausen, and made outrageous claims to justify it all. What we got were lies and defects we either fixed or scrapped…all of which fell short of our vision and their promises. Our businesses, reputations and families have all suffered greatly from these acts. We lost substantial amounts of money, tooling, and time.

These people are a scourge whose claims defy logic, basic business sense, intellectual property law, and are written like an angry schoolyard bully – which encapsulates our experiences with them. Go Hero, Executive Replicas, Zica Toys, Be Islam, Therapals, some Chinese factories, our licensors (including Ray Harryhausen via license with Bluewater), IP holders, the distributors, the retailers, the collecting community and now Cast-A-Way were all victimized in shockingly similar fashion. We are working with agencies and pursuing several civil and criminal courses. I would have hoped they would go away, but they compelled us to move forward. It is a slow process, but suffice it to say, it is in the right hands.

The Here and Now:
Since these events we realized that a change has to take place. This is symptom of a larger problem….but it is a problem we are solving. Even as I write this, we are locking in place US production sources. In the coming days and weeks we will be announcing and showing progress. It may mean the prices go up a little, BUT, they are going up everywhere regardless. We would rather it go up and pay into our small business community when possible. It is time to return to US Toy production.

How can you and your network can help?:
1 – Don’t buy or support bootleggers. Some of these projects & licenses are with families, not some faceless corporation. It hurts EVERYONE!

2 – Grow with us! Not every movie is the Dark Knight, and not every toy will be diamond encrusted work of art. But if collectors want something special, the more people we get on board, more preorders, the better the budget, the more we can do. Soon we will show our production progress and help us spread the word.

3 – Keep it fun! This is supposed to be TOYS...not some cutthroat turf battle. No one is getting rich here…but we need to make it sustainable. Let’s figure out a way to share the pie, grow the pie and make new pies!


Best regards,
Steve – Go Hero

THIS is what I'm talking about! Initiative! Just because it may not have been done before doesn't mean it can't be or shouldn't be. Give 'em Hell fella's!

[UnderdogDJLSW]

Very nice letter. Sorry you guys have had to go through this hassle.

[Remco Monster]

"Even as I write this, we are locking in place US production sources. In the coming days and weeks we will be announcing and showing progress. It may mean the prices go up a little, BUT, they are going up everywhere regardless. We would rather it go up and pay into our small business community when possible. It is time to return to US Toy production."

Very, VERY cool!

And I hope you all put Day2Day out of business for good.

[David Lee]

Here's a nice letter I got from Steve Forde (Go Hero)

Steve Forde is Go Hero, and a heck of a great guy... this is what he wrote to me just today:

David,
Again, I am sorry to hear about your situation. As you know we reported our problems last year. We hired them in 2008, as did a bunch of companies. We stopped new projects in 2009 due to incompetence, mismanagement, price gouging, missed deadlines, and non-conformance. In 2010 they worked with a US accomplice and stole our intellectual property, designs, products, tooling, money, identity; they lied, criminally harassed, threatened, defamed, incited hatred, impersonated me and Ray Harryhausen, and made outrageous claims to justify it all. What we got were lies and defects we either fixed or scrapped…all of which fell short of our vision and their promises. Our businesses, reputations and families have all suffered greatly from these acts. We lost substantial amounts of money, tooling, and time.

These people are a scourge whose claims defy logic, basic business sense, intellectual property law, and are written like an angry schoolyard bully – which encapsulates our experiences with them. Go Hero, Executive Replicas, Zica Toys, Be Islam, Therapals, some Chinese factories, our licensors (including Ray Harryhausen via license with Bluewater), IP holders, the distributors, the retailers, the collecting community and now Cast-A-Way were all victimized in shockingly similar fashion. We are working with agencies and pursuing several civil and criminal courses. I would have hoped they would go away, but they compelled us to move forward. It is a slow process, but suffice it to say, it is in the right hands.

The Here and Now:
Since these events we realized that a change has to take place. This is symptom of a larger problem….but it is a problem we are solving. Even as I write this, we are locking in place US production sources. In the coming days and weeks we will be announcing and showing progress. It may mean the prices go up a little, BUT, they are going up everywhere regardless. We would rather it go up and pay into our small business community when possible. It is time to return to US Toy production.

How can you and your network can help?:
1 – Don’t buy or support bootleggers. Some of these projects & licenses are with families, not some faceless corporation. It hurts EVERYONE!

2 – Grow with us! Not every movie is the Dark Knight, and not every toy will be diamond encrusted work of art. But if collectors want something special, the more people we get on board, more preorders, the better the budget, the more we can do. Soon we will show our production progress and help us spread the word.

3 – Keep it fun! This is supposed to be TOYS...not some cutthroat turf battle. No one is getting rich here…but we need to make it sustainable. Let’s figure out a way to share the pie, grow the pie and make new pies!


Best regards,
Steve – Go Hero

[jimsmegos]

Good for you Jim. My one thought might be that as a journalist, perhaps you may want to go a bit deeper in fact-checking this if you are signing your name (and reputation).

Particularly clarifying whether Day2Day trading (AKA Ng Lily Trading) is actually the middleman based out of Singapore as seen in this document...
http://www.day2daytrading.com/Legal_Doc.pdf

It seems rather complicated to me, but more power to you if you can use your journalistic powers to unravel it if everyone from Zica, Cast-A-Way, Zoloworld, Bluewater Productions, Go Hero, Executive Replicas, Triad Toys, King Features, Harryhausen, etc etc are somehow involved, even tangentially in relation to each other in their dealings with Day2Day.

Honestly I have no even moderate belief that any action would be taken against the Chinese manufacturer. Hence the lack of worry over deep digging on that front. I am going to turn my investigative skills towards talking with US manufacturers about possibilities.

I understand that Doc and Craig (and I'm sure David and Jason) have done the same but I figure I'll give it a go down in Arkansas. Plus while not trying to go all political I do want to hear a real response as to why our leaders aren't doing anything to recreate American manufacturing.

Who knows, maybe I'll do it? Open my own toy manufacturing plant? Stranger things have happened.

[samurainoir]

This is why I wonder if we (the collective we) will purchase an american made product at 2 to 3 times the cost? There is a responsiblity on our end as consumers that if we ask for it....we need to support it. Food for thought.

In an ideal world yes, but then again in theory Communism "worked" (and arguably led us to this point if China manufacturing is involved in this mess).

I'd direct you to the dozens of threads and hundreds of posts in the ReMego forums, with folks debating how the price point of the current Mego/Retro's are too expensive at the $20-$25 range.

[samurainoir]

Okay guys and gals, putting my pen where my mouth is, below is the text of the letter I am sending off to my elected officials. I'll also be posting it up on my facebook page, blog, and everywhere else I can think of. If I seem too cavalier (or overzealous) forgive me. I just think that the matter itself is horrible and something needs to be said. While my voice in the grand scheme of things is small, I can still shout as loud as I can in this noisy room we call society. Also feel free to forward the text to your own Congress Persons and Senators. I'll update everyone with whatever response I get. - Jim

Good for you Jim. My one thought might be that as a journalist, perhaps you may want to go a bit deeper in fact-checking this if you are signing your name (and reputation).

Particularly clarifying whether Day2Day trading (AKA Ng Lily Trading) is actually the middleman based out of Singapore as seen in this document...
http://www.day2daytrading.com/Legal_Doc.pdf

It seems rather complicated to me, but more power to you if you can use your journalistic powers to unravel it if everyone from Zica, Cast-A-Way, Zoloworld, Bluewater Productions, Go Hero, Executive Replicas, Triad Toys, King Features, Harryhausen, etc etc are somehow involved, even tangentially in relation to each other in their dealings with Day2Day.

[MEGO_SUPERMAN]

One thing you have understand about toy manufacturing is that - with the
exception of Louis Marx and a few other mavericks - toys have always
been made overseas - first in Japan, then Hong Kong, now in mainland
China. American factories were never interested in the low price nature
of the toy business.

In the past few years, there has been a shake out of manufacturers after
the lead paint incident at a Mattel sub-contractor. Every factory had to
pay to have their inventory inspected and certified - many went out of
business and many are about to.

This is why I wonder if we (the collective we) will purchase an american made product at 2 to 3 times the cost? There is a responsiblity on our end as consumers that if we ask for it....we need to support it. Food for thought.

[drmego]

When I started working with a factory in China, it was a referral process.
If someone didn't hold up their end of the agreement, the responsbility
fell on the referrer.

Now manufacturers are openly advertising for business and you have
no way of knowing if they are reputable or not. One thing that hasn't
changed is that the buyer (you) is expected to wire thousands of dollars
before seeing any output.

[drmego]

One thing you have understand about toy manufacturing is that - with the
exception of Louis Marx and a few other mavericks - toys have always
been made overseas - first in Japan, then Hong Kong, now in mainland
China. American factories were never interested in the low price nature
of the toy business.

In the past few years, there has been a shake out of manufacturers after
the lead paint incident at a Mattel sub-contractor. Every factory had to
pay to have their inventory inspected and certified - many went out of
business and many are about to.

[jimsmegos]

Okay guys and gals, putting my pen where my mouth is, below is the text of the letter I am sending off to my elected officials. I'll also be posting it up on my facebook page, blog, and everywhere else I can think of. If I seem too cavalier (or overzealous) forgive me. I just think that the matter itself is horrible and something needs to be said. While my voice in the grand scheme of things is small, I can still shout as loud as I can in this noisy room we call society. Also feel free to forward the text to your own Congress Persons and Senators. I'll update everyone with whatever response I get. - Jim

To: Congressman Steve Womack and Senator John Boozman
From: Jim Bumgardner TKO 8 Television – Harrison, Arkansas
Re: Corruption in Chinese Manufacturing
May 17,2011

Greetings to both of you gentlemen,

The reason for this correspondence is that I would like to make you both aware of a terrible injustice that is befalling small business owners in the United States at the hands of some unscrupulous manufacturers in China. While things of this nature are nothing new I wanted to take the time to personally site one particular incident that has affected some friends of mine in the collectible toy industry. And while this may seem to be a trivial subject matter in its essence, the deeper ramifications I feel are something that has a greater impact on the nation’s small businesses as a whol.

The incident that I am referring to specifically involve a small toy company based out of Kansas City and St. Louis named Castaway Toys. I’d like to pause briefly to note that I am not an official representative of the company. I am merely a fan and consumer of their products and feel as such that it is my duty to voice my concerns to you. In short Castaway had been working with a manufacturer in China to produce their copyrighted and patented 8-inch body design as well as other toy products. The name of that manufacturer is Day2Day Trading. While I’m not privy to the length of their relationship I am of the understanding it had been a fairly decent amount of time that Castaway had worked with the group. Now however Day2Day is making some salacious and untrue statements in regards to their (Castaway) and other US company’s business ethics and practices, which are absolutely untrue. Below you will see the malicious and defamatory statement in italics that they have posted on their website located via this link: Toy Manufacturer|Wholesale Toys|Toy Distributors|Baby toy|Game Toy|Box Toy|Plush toy|Children Toy

BE AWARE OF THESE FRAUDULENT COMPANIES WHOM ARE PARTNERS
Gohero
CAST-A-WAY TOYS
Executive Replicas
THEY ORDER GOODS AND DO NOT PAY FOR THEM.
GOHERO, CAST-A-WAY TOYS - OWNER STEVE FORDE
CLAIMED TO HOLD THE LICENSE FOR RAY HARRY HARRYHAUSEN PRODUCTS AND CHEATED HIS TRUST FUND. RECIVED GOODS THAT HE DID NOT PAY THE FACTORY. CHEATED KING FEATURE AND LARRY BUSTER CRABB FAMILY. BE WARNED
CAST-A-WAY TOYS. ORDERD PRODUCTS THAT HE HAS NOT PAID FOR. AND CLAIMS THAT THE FACTORY TRIED TO SELL HIS TOOLING. THEY HAVE BEEN DESTROYED FOR FAILURE TO PAY FOR GOODS ORDERD AND RECEIVED BY DAVID LEE OWNER.
EXECTUTIVE REPLICAS - OWNER WINSTON DUNLOP
PARTNER OF GOHERO
FAILED TO PAY FOR HIS GOODS.
REPORTED GOODS STOLEN IN USA TO AVOID PAYING.
CHEATED TRIAD TOYS AND CLAIMED THAT TRIAD TOYS WAS THE CHEAT
TRIAD TOYS ARE A REPUTABLE COMPANY UNLIKE THE NAMES MENTIONED ABOVE.
These companies are now using stolen money from products they have not paid for with ZICA TOYS.


And while I understand that US policies in regards to such trade matters are complex it is not my intention with this correspondence to address that “can of worms”. Instead I would like to pose to you gentlemen a suggestion that may be more beneficial than simply ‘slapping the wrist’ of unscrupulous Chinese manufacturers. Although if you could do that I’m sure my friends and myself would appreciate that.

My suggestion and food for thought that I pose involves the possibilities of creating tax incentives to American plastic manufacturers to entertain the notion of domestic toy production. Again I openly note that I only somewhat understand the complexities of manufacturing but what I do know is that American manufacturing is in need of a boost. With that said why not consider an angle such as this? Considering the factories that have laid dormant over the past two decades (and longer in some cases) why not create an incentive to turn that around?

If in the grand scheme of things American manufacturing is to ever see a resurgence it has to start somewhere with something. Why not the toy industry? While I can’t back this next statement up with solid statistics I can safely assume that it is the American pop culture and media machine that has created such a thriving industry in the first place. With that said, I do concede the point that without lower labor costs in regions such as Hong Kong, Korea and Japan in the latter half of the 20th Century mass marketed production runs would most likely not have happened. Now however it is a new century and a new world. And considering the state of America’s manufacturing industry (or lack thereof) I can’t see a better start to changing that trend than now.

In closing I would like to again thank you both for your time and would appreciate a statement in regards to this matter and these suggestions. Having personally spoken with both of you gentlemen on numerous occasions while performing my duties as News Director at TKO 8 Television in Harrison, Arkansas, I feel confident that my request does not fall on deaf ears. In fact I am so confident in both of your respective levels of character and ethics that I feel I can easily assure my friends that you will indeed take note of the situation and pass the information on to your colleagues inside both the House and Senate.

Again I thank you for your time and attention and look forward to speaking with both of you again soon.

Sincerely,

Jim Bumgardner
News Director
TKO 8 Television
Harrison, Arkansas
(870) 741-2566

[generic]

Man, that sucks. Dealing with bum manufacturers in your own country (where you at least work under the same legal system) is difficult enough. Adding the fact that these guys are half the world away, speaking a different language and working under a different set of laws seems like it makes the situation pretty much impossible to resolve. I feel for you guys.

If something like this happened to my company in this economy, it could put me out of business. Hell, this economy alone is doing a pretty good job of that, so adding in a scam artist running away with a large amount of my production money would be the final nail in that coffin.

I sincerely hope that you guys are able to get some kind of manageable resolution to all of this, but I'm not holding my breath.

[samurainoir]

and I guess this also explains why the Executive Replica 2010 product such as Vincent Price, Zacharly the Cool Ghoul, and Herbert West Re-Animator didn't surface either.

[samurainoir]

So the agent in Singapore is Day2Day? It sounds like they are the main problem?

Astonishing that so much of our community got sucked into this, but I can imagine the difficulties in finding an intermediary with China if you don't speak Mandarin. I'm glad you guys are all communicating. It's such a small world, hopefully by sharing your info you can all get out of this together with the least amount of damage. We've seen lawyer's fees alone drive small companies under.

What does Zoloworld have to do with all of this? PDF from New Jersey lawyers here questioning whether Go Hero actually had the rights to the properties they were manufacturing...
Toy Manufacturer|Wholesale Toys|Toy Distributors|Baby toy|Game Toy|Box Toy|Plush toy|Children Toy

I know they sell the Buck Rogers with the sound chip, as well as parts. It's a shame if the companies were sucked into a "let's you and him fight" situation by Day2Day.

ie) in the same way the Cast-A-Way tooling has been offered to other US companies.

[hedrap]

I don't think anyone was questioning your (plural) dealings with D2D. It's pretty easy to tell, as David's example, that what happened according to D2D is not possible. But the way they were trying to conflate the companies confused a number of us.

With the clarification, it's easy to see they were doing it to try and create a plausible defense. For example, they know it's not credible that four individual companies could shaft them, but turn it into a series of fronts, and they can act duped.