Indiana Intellectual Property Law News
Northern District of Indiana – Trademark counsel for Plaintiff Design Basics, LLC of Omaha, Nebraska filed two new copyright infringement lawsuits in the Northern District of Indiana alleging infringement of copyrighted architectural plans.
The first lawsuit, filed in the Fort Wayne Division, lists two Defendants, Westport Homes of Fort Wayne, Inc. and Westport Homes, Inc. They are accused of infringing Plaintiff’s “Plan No. 3090 – Jarrett,” which has been registered with the U.S. Copyright Office under Registration Nos. VA 624-154 and 624-153. Plaintiff contends that Defendants’ infringing plans are marketed under the names Fairfield and Fairmont.
The second lawsuit was filed in the Hammond Division against Defendant Precision Homes, Inc. doing business as Precision Construction, Inc. and Precision Homes of Indiana, Inc. A second Plaintiff, W.L. Martin Home Designs LLC of Jacksonville, Florida, was listed in this lawsuit.
In this lawsuit, Plaintiffs state that Precision Homes offers six architectural plans, which are offered under the names Richmond, Raleigh, Durham, Kara, Abigail and Auburn, that infringe upon copyrighted works. Plaintiffs state that three copyrighted plans were infringed: “Plan No. 1032 – Monte Vista,” Copyright Registration Nos. VA 282-203 & 752-162; “Plan No. 3588 – Stratman,” Copyright Registration Nos. VA 682-254, 682-253 & 756-041; and “Plan No. 24120 – Langlade,” Copyright Registration No. VA 1-073-400.
In both cases, the court is asked to order damages, equitable relief, costs and attorneys’ fees.
The Westport Homes litigation was filed in the Northern District and has been assigned to District Judge Jon E. DeGuilio and Magistrate Judge Susan L. Collins under Case No. 1:16-cv-00170-JD-SLC.
The Precision Homes litigation was filed in the Northern District and has been assigned to Chief Judge Philip P. Simon and Magistrate Judge John E. Martin under Case No. 2:16-cv-00179-PPS-JEM.