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concerned an exercise machine called the Alpine Ski, a magnificently designed device that simulates downhill skiing, giving the user not only the aerobic benefits you get from something like the NordicTrack, but at the same time, a serious muscular workout. The Alpine Ski’s inventor, Herb Schell, was my client. A former personal trainer in Hollywood, he had made a bundle with this invention. Then suddenly, about a year ago, cheaply produced ads began to run on late-night television for something called the Scandinavian Skier, unmistakably a knockoff of Herb’s invention. It was a lot less expensive, too: whereas the real Alpine Ski sells for upward of six hundred dollars (and Alpine Ski Gold for over a thousand), the Scandinavian Skier was going for $129.99. Herb Schell was already seated in my office, along with the president and chief executive officer of E-Z Fit, the company that was manufacturing Scandinavian Skier, Arthur Sommer; and his attorney, a high-powered lawyer named Stephen Lyons, whom I’d heard of but never met. On some level I found it ironic that both Herb Schell and Arthur Sommer were paunchy and visibly in lousy shape. Herb had confided to me over lunch shortly after we met that, now that he was no longer a personal trainer, he’d grown tired of working out all the time; he much preferred liposuction.
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