Nancy Ann Storybook Dolls, Inc. v. Dollcraft Co.

This litigation involves the validity of registered trade-marks and a claim for damages for alleged unfair competition. The form of proceeding was an action for a declaratory judgment and the defendant put in a counterclaim. The position of the parties will be kept more clearly in mind if they are called by name rather than as plaintiff or counterclaimant. The dispute is between Nancy Ann Storybook Dolls, Inc. (Nancy Ann) and Dollcraft Company (Dollcraft). There are two individuals, officers of Dollcraft, in the litigation but, as will be shown, we are not concerned with their part in the lawsuit.

Nancy Ann markets dolls. It has secured trade-mark registration under such names as “Red Riding Hood,” “Little Miss Muf-fett,” “Little Bo-Peep,” “Mistress Mary,” “Little Miss Donnett,” “Curly Locks,” “Goldilocks,” and so forth. Dollcraft also sells dolls and it, too, has a “Red Riding Hood” and several other named dolls in the list covered by Nancy Ann’s registered trade-marks.

Nancy Ann says that Dollcraft’s use of the names it has protected by registering them as trade-marks is actionable. Doll-craft, on the other hand, attacks the validity of the claim that the names listed are to…