Sandra S. Thompson v. Tega-Rand International, Albert Denola, Dba the Box Factory, and Runner's World Magazine Company, Inc.

Plaintiff appeals from the district court’s refusal to vacate the award of an arbitration panel. We affirm.

In 1977 Thompson developed a board game which she began marketing under the name “Marathon Game”. Two years later Tega-Rand International, as a licensee of Runner’s World Magazine, began marketing a game under the name “Runner’s World Marathon Game”. Shortly thereafter Thompson filed an action alleging copyright infringement, trademark infringement, unfair competition, and false designation of origin. The district court issued a temporary restraining order enjoining defendants from distributing their game, but declined to issue a preliminary injunction. The parties then stipulated that all issues would be determined by binding arbitration.

After four days of arbitration, the panel found defendants liable only on the count of unfair competition and trade dress infringement, based on the similarity of the game boxes. The panel awarded plaintiff $13,000 for common law trade dress infringement. The panel denied defendants’ petition for reconsideration. Defendants moved the district court to vacate the arbitration award under 9 U.S.C. § 10 .

The district court correctly found…