I`m not an attorney, so take this with a giant grain of salt. It might depend on what this "small toy" is intended for.
For example, items bought in a craft store, although technically copyrighted, are intended to be used in other items, so I doubt there would be a problem there. But items that are intended to be used as-is could pose a problem, even if they are sold in bulk. I`m thinking of something like Legos, which are sold in bulk and individually have no real value - their value is when they are combined with other Legos!
You can`t go wrong by trying to contact the manufacturer. It would be better to find out up front if they have a problem rather than ignoring the situation and getting a cease-and-desist letter a few months down the road (it does happen!).
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