It was a bust all around for a lingerie company trying to patent a breast-enhancing bra insert.
The company says it hired a Manhattan lawyer from a white-shoe firm at $ 860 an hour to patent its “novel kidney-shaped’’ bra insert but he turned out to be a total boob.
The manufacturer, Zephyrs, is now suing the firm, McDermott, Will & Emery, for nearly $ 6 million in Manhattan Supreme Court.
Zephyrs chief Debra MacKinnon explains in her suit that in 2008, she “discovered that there existed a commercial need for a soft shaping insert that is anatomically designed to conform and push up the breasts, thereby increasing volume and cleavage, while providing a natural shape.”
Lawyer Bernard Codd worked with MacKinnon in 2008 and 2009 to draft a patent claim, she said.
But Codd mixed up the ratios of the pad’s thickness and length, according to court papers.
Now Amazon.com and Victoria’s Secret are selling nearly identical pads for up to $ 58 thanks to Codd’s bungling, the suit says.
A spokesman for McDermott, Will & Emery said, “It is unfortunate that Zephyrs has filed this lawsuit, but we are confident that the firm will prevail.”
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