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LEMELSON v. KELLOGG COMPANY

No. 64 Civ. 818.

259 F.Supp. 904 (1966)

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

United States District Court S. D. New York.

September 1, 1966.

Attorney(s) appearing for the Case

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

Groban & Rava, New York City, for defendants, Robert S. Groban, Stephen B. Wexler, New York City, of counsel.

OPINION

FRANKEL, District Judge.

The complaint in this action undertakes to state two claims for relief: (1) for unfair competition based upon the defendant Kellogg Company's alleged "unlawful appropriation and pirating" of plaintiff's design and construction invention for cardboard face masks, and (2) for alleged infringement by the defendants of plaintiff's patent covering such masks. The first claim, which is the one of primary concern at this time, is...

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