Bastian Bros. v. Regal Doll Manufacturing Co.

For many years the plaintiff had been extensively engaged in the manufacture of celluloid novelties at Rochester, N. Y. The defendant was a manufacturer of dolls, with a factory in New York city, and placing upon the market about 4,500,000 dolls annually. The dolls were designed to appear as near to life as possible, pressure near the middle producing a sound similar to a spoken word and a reclining posture giving the semblance of sleep. Every part of the doll was made by the defendant except the “ voice ” and the “ eyes,” which were purchased from other manufacturers. Metal eyes had been…