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LEMELSON v. KELLOGG COMPANY

No. 441, Docket 33049.

440 F.2d 986 (1971)

Jerome H. LEMELSON, Plaintiff-Appellant, v. KELLOGG COMPANY, Kellogg Sales Company and the Great Atlantic & Pacific Tea Company, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 1, 1971.

Attorney(s) appearing for the Case

Arthur T. Fattibene, New York City, for plaintiff-appellant.

Robert S. Groban, Stephen B. Wexler, Groban & Rava, New York City, for defendants-appellees.

Before WATERMAN and FRIENDLY, Circuit Judges, and McLEAN, District Judge.

PER CURIAM:

Appellant is a professional inventor whose business consists primarily in conceiving, developing and selling product ideas and novelties for use in the advertising and promoting of other products. On August 9, 1954, he wrote the Merchandising Manager of appellee Kellogg, indicating that he had developed some "new novelty (constructional) items" (more commonly known as card-board "cutouts") appropriate for the back of the large Kellogg Corn Flakes box....

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