Dark Tower (game) - Litigation

Litigation

Dark Tower was the subject of trade secret litigation in 1985. Two independent game developers named Robert Burton and Allen Coleman submitted a game to Milton Bradley entitled "Triumph" that involved an electronic tower as the centerpiece. Milton Bradley rejected the game, but proceeded to release "Dark Tower" some time later. The inventors sued for misappropriation of trade secrets and won a jury verdict for over $700,000. The trial judge, however, vacated the jury's judgement. Despite finding that Milton Bradley had likely "plagiarized the plaintiffs' idea without so much as a by-your-leave" the judge proceeded to issue a directed verdict for the defendant because Burton and Coleman had signed a contract waiving any contractual relationship (which arguably included any duty of confidentiality). The First Circuit Court of Appeals reversed, finding evidence that Milton Bradley entered an implied agreement to keep the game confidential and reinstated the damage award.