Image of white elf wearing red hat and rollerskates in center. Above is red script text on white background while below is white text on blue background.
PHILP BRENET PHILA PA
Red Rascal Toys was a division of George K. Garrett Company of Philadelphia in the 1940's. The red elf was the mascot for Red Rascal and appeared in print ads. Red Rascal is best known for manufacture of children's ball bearing roller skates and claimed to be the "fastest selling line of its kind."
George K. Garrett manufactured a variety of products across industries appearing as early as 1900 in trade catalogs. This broad manufacturing resulted in a loose interpretation of patent use. National Lockwasher owned a patent for split-ring spring-lock technology that was used by Garrett and took Garrett to court over patent misuse. The provision was that while the patent was licensed, no competing technology could be manufactured by the licensee. Garrett was found to have infringed the patent and the judgement was an $18,000 fine in 1943. This is well known to be one of the earliest federal court decisions to hold that it is patent misuse for a patentee to require licensees not to use a competitive technology, commonly known as "tie-outs."
National Lockwasher Co. v. George K. Garrett Co., 137 F.2d 255 (3d Cir. 1943). (2019). Retrieved 13 November 2019, from https://law.justia.com/cases/federal/appellate-courts/F2/137/255/1484201/
Trade catalogs from George K. Garrett Co., Inc. (2019). Retrieved 13 November 2019, from https://americanhistory.si.edu/collections/search/object/SILNMAHTL_17723
Vintage Toy Advertisements of the 1940s (Page 2). (2019). Retrieved 13 November 2019, from http://www.vintageadbrowser.com/toys-ads-1940s/2