No. 19-1927.

1 F.4th 74 (2021)

MARKHAM CONCEPTS, INC.; Lorraine Markham, Individually and in Her Capacity As Trustee of the Bill and Lorraine Markham Exemption Trust and the Lorraine Markham Family Trust; Susan Garretson, Plaintiffs, Appellants, v. HASBRO, INC.; Reuben Klamer; Dawn Linkletter Griffin; Sharon Linkletter; Michael Linkletter; Laura Linkletter Rich; Dennis Linkletter; Thomas Feiman, In his capacity as co-trustee of the Irvin S. and Ida Mae Atkins Family Trust; Robert Miller, in his capacity as co-trustee of the Irvin S. and Ida Mae Atkins Family Trust; Max Candiotty, in his capacity as co-trustee of the Irvin S. and Ida Mae Atkins Family Trust, Defendants, Appellees, Ida Mae Atkins, Defendant.

United States Court of Appeals, First Circuit.

June 14, 2021.

Attorney(s) appearing for the Case

Robert M. Pollaro , with whom David Cole , John T. Moehringer , and Cadwalader, Wickersham & Taft LLP were on brief, for appellants.

Joshua C. Krumholz , with whom Courtney L. Batliner , Mark T. Goracke , Patricia K. Rocha , Holland & Knight LLP, and Adler Pollock , & Sheehan P.C. Inc. were on brief, for appellee Hasbro.

Patricia L. Glaser , with whom Erica J. Van Loon , Joshua J. Pollack , Thomas P. Burke, Jr. , Lathrop GPM LLP, and Glaser Weil Fink Howard Avchen & Shapiro LLP were on brief, for appellee Reuben Klamer.

Christine K. Bush , Ryan M. Gainor , David B. Jinkins , Hinckley, Allen, & Snyder LLP, and Thompson Coburn LLP on brief for appellees Max Candiotty, Thomas Feiman, Dawn Linkletter Griffin, Laura Linkletter Rich, Dennis Linkletter, Michael Linkletter, Sharon Linkletter, and Robert Miller.

Before Thompson, Lipez, and Kayatta, Circuit Judges.

"The Game of Life" is a classic family board game, introduced in 1960 by the Milton Bradley Company to great success. This case involves a long-running dispute between Rueben Klamer, a toy developer who came up with the initial concept of the game, and Bill Markham, a game designer whom Klamer approached to design and create...


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