Jerome H. Lemelson v. Kellogg Company, Kellogg Sales Company and the Great Atlantic & Pacific Tea Company, Inc.

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 cardboard “cutouts”) appropriate for the back of the large Kellogg Corn Flakes box. He asserted that the art work had been completed, that the materials about which he was writing Kellogg were embodied in applications for…