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FORMAL FASHIONS, INC. v. BRAIMAN BOWS, INC.

No. 65, Docket 30580.

369 F.2d 536 (1966)

FORMAL FASHIONS, INC., and Paul Kellner, Plaintiffs-Appellants, v. BRAIMAN BOWS, INC., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 16, 1966.

Attorney(s) appearing for the Case

James E. Birdsall, New York City, (Warner & Birdsall, New York City, on the brief), for plaintiffs-appellants.

Howard C. Miskin, New York City, (Emanuel R. Posnack, New York City, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and MEDINA and KAUFMAN, Circuit Judges.

MEDINA, Circuit Judge:

Disdaining the better mousetrap, appellant Kellner has invented a better cummerbund. His invention fills what he characterizes as the industry's long felt need for a universal size cummerbund. Previously, we are told, retailers were required to stock two different size adjustable cummerbunds but now, thanks to appellant's invention, a single size fits all.

But, as Justice Clark remarked in Graham v. John Deere Co., 383...

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