Treasured Arts, Inc. v. Watson

Toal, Justice:

Treasured Arts, Inc. (Treasured Arts) appeals the trial judge’s dismissal of its complaint pursuant to Rules 12(b)(1) and 12(b)(6), SCRCR We reverse and remand in part and dismiss in part.

FACTS

Treasured Arts, a computer graphics and original prints company, produces and sells limited series collector’s cards. To increase its competitiveness in the collector card market, Treasured Arts began a promotional instant win game.

In November 1993 Treasured Arts began the distribution of its game pieces. On January 7, 1994 Joseph Watson (Watson), the solicitor for the Thirteenth Judicial…