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Stratego

Stratego

The board game Stratego was invented by a Dutch Jew for his two children during World War 2. The family was eventually sent to a concentration camp but luckily survived.



Summary from Source

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Elkan became a citizen of Canada in May 1947 and a citizen of the United States in 1966. The heirs were 8, 15, 18, and 21 years old when Elkan died. One heir, Carol Laning, was told by her mother, without further detail, that Elkan had been picked up by the Gestapo and his family had escaped from Nazi Germany. Another heir, Heidi Cox, remembers conversations between her mother and siblings about how Elkan was the creator of Stratego. In 1948, Elkan registered a copyright in the United States for the Strategy rules pamphlet. Cox uncovered Elkan's copyright registrations for Strategy in the United States and Canada. None of the heirs knew of Elkan's copyright in Strategy until about two years ago when Cox told them.

On July 20, 1948, Norton wrote Elkan's father to return the copy of Strategy. 2 On June 29, 1949, Elkan wrote Parker Brothers about Strategy and offered to send a copy. Paul Vanasse, Director of Intellectual Properties of Hasbro, states that he and others in Hasbro's Legal Department searched for and confirmed that Hasbro has no records of the employment of Robert Norton, no records of the Research Committee referenced in Norton's letter, and no records of Elkan's idea submission. Hasbro discount's plaintiff's explanation of how Elkan published Strategy prior to 1948 because the explanation contradicts the written records which document Strategy's copyright. There is no evidence that Mogendorff copied Elkan's game. There would be no need for Milton Bradley to license Stratego if it was copying from Elkan's Strategy. No reasonable jury could find that Hasbro copied Stratego from Elkan's Strategy. There is no need for me to interpret the Second Amended Complaint because my conclusion that Page 11 - OPINION AND ORDER Hasbro did not copy Strategy from Elkan would have preclusive effect in a suit seeking damages for sales in Canada.

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