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Points to Ponder > The Art of the Toy |
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The Art of the Toy
After Marcella's death in 1916, Gruelle wrote, illustrated, and published the stories as 25-book series. In 1918, he began making dolls to sell as storybook companions. Many different manufacturers have made the dolls based on Gruelle's 1915 patented design with subtle variations in face and dress, but the license is still owned by the Gruelle family.
He tested the spring on a flight of stairs and found it to be even more impressive. James consulted with his wife, Betty, who agreed it had potential as a toy. He began working on prototypes as Betty searched the dictionary for a name. When she hit the word "Slinky," a trademark was born. Neighborhood children tested the toy before Slinky debuted at Gimbel's in Philadelphia during the Christmas season of 1945. In the first 90 minutes, over 400 were sold.
Utility patents protect mechanical, electrical, or chemical features, such as a type of movement between the parts of the toy or a new combination of materials for a toy, for up to 20 years from the date of application. Design patents cover the ornamental design or appearance of a toy for a term of 14 years from the date of the patent grant. Trademarks are used to protect a particular word, name, or symbol for a toy. Mattel has a trademark for the company name, and Mattel's Barbie is a trademark for the product name. A trademark will last forever if the toy is still being manufactured and sold. Trademarks are unusual because both state and federal registrations are available, while patents are protected only under federal laws. Copyrights protect the toy as a tangible work of art for the life of the "author" or creator of the work plus an additional 70 years. Toy copyrights are typically classified as a visual art. |
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