Indiana Intellectual Property Law News
Fort Wayne, Indiana – Copyright attorneys for Plaintiff Design Basics LLC of Omaha, Nebraska filed four new infringement lawsuits in the Northern District of Indiana.
The first lawsuit lists Heller & Sons, Incorporated d/b/a Heller Homes and Heller Development Corporation of Fort Wayne, Indiana as Defendants. They are accused of infringing the following architectural works, which have been registered with the U.S. Copyright Office:
Title Copyright Registration Nos.
Plan No. 1032 – Monte Vista VA 282-203 & 752-162
Plan No. 1380 – Patterson VA 314-024 & 726-379
Plan No. 1748 – Sinclair VA 371-214 & 726-353
Plan No. 1752 – Lancaster VA 371-204 & 756-041
Plan No. 24077 – Baisden VA 1-044-287 & 1-042-002
Plaintiff Design Basics was joined in this lawsuit by a second Plaintiff, W. L. Martin Home Designs LLC of Jacksonville, Florida. Plaintiffs claim that Defendants’ infringing plans are “Arthur Williams,” “David Mathew 2,” “Greyson,” “David Mathew 1” and “Spencer 5.”
The second lawsuit was filed against Defendant Slattery Builders LLC of Fort Wayne, Indiana. It is accused of infringing the following copyrighted works:
Title Copyright Registration Nos.
Plan No. 8520 – Mindoro VA 1-074-913 & 1-082-723
Plan No. 42065 – Hepburn VA 1-671-719 & 1-921-774
Design Basics contends that Defendant is infringing with two plans, “Savannah” and “Oakhurst.”
The third lawsuit, filed against Ideal Suburban Homes, Inc. of Roanoke, Indiana asserts infringement of the following works:
Title Copyright Registration Nos.
Plan No. 8093 – Kirby Farm VA 729-227, 729-218 & 1-432-411
Plan No. 8095 – Sun Valley VA 729-290 & 729-256
Defendant’s accused plans are entitled “Double Eagle” and “Calloway.”
In the final lawsuit, Design Basics was joined by two additional Plaintiffs, W. L. Martin Home Designs as well as Plan Pros, Inc. of Omaha, Nebraska. Defendants in this lawsuit, all Indiana entities, are: Fireside Homes Inc.; Fireside Development Company, LLC d/b/a Fireside Homes Development Company; Harth Homes, Inc.; Willies Development Corporation; and Oakbrook Homes, Inc. d/b/a Juniper Homes, Oakbrook Homes, Willie’s Oakbrook Homes and Riverview Lumber and Building Supply Co., Inc.
Plaintiffs contend that the following intellectual property has been infringed:
Title Copyright Registration Nos.
Plan No. 2226 – Wycliffe VA 434-195, 889-020 & 1-926-485
Plan No. 2245 – Tyndale VA 434-205, 710-606 & 1-924-168
Plan No. 2377 – Leighton VA 485-142, 757-614 & 1-942-396
Plan No. 2578 – Kaiser VA 524-251, 710-606 & 1-928-399
Plan No. 2761 – Mayberry VA 513-792, 710-606 & 1-926-488
Plan No. 2907 – Ashley VA 624-090, 624-091 & 826-741
Plan No. 2952 – Francis VA 624-098, 624-099 & 784-226
Plan No. 8030 – Burton Place VA 729-255 & 748-980
Plan No. 8093 – Kirby Farm VA 729-218 & 729-227
In this complaint, the following plans are accused: The Concept Home, Model 1400, Model 1200, Model 1600, Model 1650, Model 1700, Model 1900, Model 1800, Model 1300, Model 1478, Model 1759, Model 1971, and Model 2295.
Design Basics seeks damages, injunctive relief, costs and attorneys’ fees.
The Heller & Sons lawsuit was filed in the Northern District and has been assigned to District Judge Robert L. Miller, Jr. and Magistrate Judge Susan L. Collins, under Case No. 1:16-cv-00175-RLM-SLC.
The Slattery Builders lawsuit was filed in the Northern District and has been assigned to District Judge Theresa L. Springmann and Magistrate Judge Susan L. Collins, under Case No. 1:16-cv-00174-TLS-SLC.
The Ideal Suburban Homes lawsuit was filed in the Northern District and has been assigned to District Judge Theresa L. Springmann and Magistrate Judge Susan L. Collins, under Case No. 1:16-cv-00178-TLS-SLC.
The Fireside Homes lawsuit was filed in the Northern District and has been assigned to District Judge Joseph S. Van Bokkelen and Magistrate Judge Susan L. Collins, under Case No. 1:16-cv-00181-JVB-SLC.