Someone else mentioned the Atari and Munchkin case. The facts were similar. North American developed K.C.Munchkin and originally wanted to obtain a PAC-MAN lice

Someone else mentioned the Atari and Munchkin case. The facts were similar. North American developed K.C.Munchkin and originally wanted to obtain a PAC-MAN license. When they were unable to do so, they came up with the K.C.Munchkin name and changed a number of features. The appeals court ruled in favor of Atari and granted an injunction against North American: http://www.patentarcade.com/2005/04/case-atari-v-north-american-phillips.html http://www.patentarcade.com/2005/04/case-atari-v-north-ameri... Actual ruling: http://scholar.google.com/scholar_case?case=16433139020722034724&q=672+F.2d+607&hl=en&as_sdt=2002 http://scholar.google.com/scholar_case?case=1643313902072203... I think your arbitration idea has merit, though the DMCA's claim/counterclaim process was designed to handle this type of situation.