Indiana Intellectual Property Law News
South Bend, Indiana – Attorneys for Plaintiff, Design Basics, LLC, Inc. of Omaha, Nebraska filed suit in the Northern District of Indiana alleging that Defendant, Miller Brothers Builders, Inc., of Goshen, Indiana infringed their copyrights. Plaintiff is seeking judgment, actual damages, temporary and permanent injunctions, and attorneys’ fees and costs.
Plaintiff is a Nebraska-based architectural firm that focuses on designing and licensing designs of residential homes. Defendant is an Indiana-based homebuilder. According to the complaint, Plaintiff owns copyrights protecting various architectural designs that it has created. One of the Plaintiff’s copyrighted designs is the subject of this litigation, specifically, a design titled “Waverly.”
Plaintiff alleges that Defendant has “regularly and systematically infringed Design Basics’ copyrights and those of other designers and architects in original architectural works,” and has induced third parties to infringe designs, to the Defendant’s profit. According to the complaint, Defendant has continued to infringe upon Plaintiff’s copyrighted works despite being aware of the copyright protection. Plaintiff alleges that Defendant’s “Oakview,” “Ridgewood Manor,” “Oliver,” and “Fieldstone” plans infringe on the “Waverly” design.
Plaintiff has formally alleged willful copyright infringement and violation of the DMCA, and has demanded a jury trial.
The case was assigned to District Judge Robert Miller, Jr and Magistrate Judge Michael G. Gotsch, Sr. in the Northern District and assigned Case 3:18-cv-00063-RLM-MGG.