Former band members of 90's "En Vogue," settle trademark dispute via arbitration award. Defendant's in the case question if the arbitrator over-reached in making a decision on the merits of the case when those questions were yet to be presented to the arbitrator.
The Court finds the arbitrator did not exceed the powers granted to him by the band agreement that called for any disputes to be submitted to arbitration. Defendants argue the award is outside the scope of the claims asserted for arbitration by the Plaintiffs. (Opp’n to Application at 8-9.) This argument is unavailing as “[t]he scope of the arbitrator's jurisdiction extends to issues not only explicitly raised by the parties, but all issues implicit within the submission agreement.” Schoenduve Corp. v. Lucent Technologies, Inc. , 442 F.3d 727, 733 (9th Cir. 2006). The arbitrator found that he had “jurisdiction to determine ownership of the trademark, trade name, service mark and/or stage name ‘En Vogue.’” (Award at 5.) See id.
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