Page:Landsberg v. Scrabble Crossword Game Players.pdf/2

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736 FEDERAL REPORTER, 2d SERIES

H. Michael Brucker, Oakland, Cal., for Landsberg.

Walter D. Ames, Watson, Cole, Grindle & Watson, Washington, D.C., for defendants-appellants.

Appeal from the United States District Court for the Central District of California.

Before GOODWIN, TANG and FLETCHER, Circuit Judges.

GOODWIN, Circuit Judge:

Mark Landsberg recovered judgments of copyright infringement under California and federal law. Defendants appeal.

I. FACTS

Landsberg developed a systematic strategy for playing Scrabble and became the acknowledged Scrabble champion of Southern California. He committed his system to writing in a manuscript entitled “Championship Scrabble Strategy.” In 1972 Landsberg took steps to publish the manuscript and requested permission to use the word “Scrabble” from Selchow and Righter (S & R), owner of the Scrabble trademark and producer of Scrabble brand crossword games. S & R requested that Landsberg send a copy of his manuscript to them for evaluation, and he did so.