Contract Selchow & Richter Company (S& R) owns the trademark to the famous board game Scrabble. Mark Landsberg wrote a book on strategy for winning at Scrabble and contracted S& R to request permission to use the Scrabble trademark. In response, S& R requested a copy of Landsberg’s manuscript, which he provided. After prolonged negotiations between the parties regarding the possibility of S& R’s publication of the manuscript broke off, S& R brought out its own Scrabble strategy book. No express contract was ever entered into between Landsberg and S& R. Landsberg sued S& R for damages for breach of an implied contract. Is there an implied in fact contract between the parties? Landsberg v. Selchow & Richter Company, 802 F. 2d 1193, 1986 U. S. App. Lexis 32453 (United States Court of Appeals for the Ninth Circuit)