Indiana Intellectual Property Law News
Northern District of Indiana – Plaintiff Design Basics, LLC of Omaha, Nebraska filed six lawsuits in the Northern District of Indiana alleging that multiple Defendants committed copyright infringement by constructing buildings based on plans derived from Plaintiff’s copyrighted works.
Design Basics is engaged in the business of creating, marketing, publishing and licensing the use of architectural works and technical drawings of those works. It has sued multiple Defendants, most of them home designers and builders, for copyright infringement.
The Defendant in the first lawsuit is Big C Lumber Co. Inc. of South Bend, Indiana. Two Defendants are listed in the second lawsuit: Carriage Place Homes, Inc., f/k/a Carriage Properties, Inc., d/b/a Bridle Homes and Bridle Homes, Inc. of Fort Wayne, Indiana.
The third lawsuit lists multiple Defendants: Culver Construction, Inc., d/b/a Culver Remodeling, Culver Design Build, Culver Custom Homes, and Hallmark Homes of Michiana; Culver Development Corporation d/b/a Property Management Services; Wes Culver Realty, LLC d/b/a KW Commercial and Industrial, Wes Culver Auctions, and Wes Culver Home Team; and New Paris Development Company, LLC of Goshen, Indiana.
In the fourth lawsuit, Lancia Homes, Inc. of Fort Wayne, Indiana, which does business as Lancia Construction, Springmill Development, Lancia Real Estate, Lancia Homes, Springmill Wood Development and Waterford Enterprises, is named. Quality Crafted Homes, Inc. of Harlan, Indiana is the sole Defendant in the fifth lawsuit.
The final lawsuit lists Windsor Homes, Inc., d/b/a Windsor Homes by Jeff Gilmore; Windsor Construction, LLC; Windsor Construction, Inc; and Windsor, Inc. of Fort Wayne, Indiana as Defendants.
While the details vary among the different lawsuits, the allegation at the core of each complaint is infringement of one or more of Design Basics’ copyrighted architectural designs by Defendants, with each lawsuit complaining of Defendants’ “construction and sale” of structures that infringe Plaintiff’s copyrights. Design Basics seeks equitable relief, damages, costs and attorney fees.
The Big C Lumber Co., Inc. case was assigned to Judge Phillip P. Simon and Magistrate Judge Christopher A. Nuechterlein, in the Northern District of Indiana and assigned Case No. 3:16-cv-00053-PPS-CAN.
The Carriage Place case was assigned to Judge Jon E. DeGuilio and Magistrate Judge Susan L. Collins, in the Northern District of Indiana and assigned Case No. 1:16-cv-00048-JD-SLC.
The Culver Construction case was assigned to Judge Jon E. DeGuilio and Magistrate Judge Susan L. Collins, in the Northern District of Indiana and assigned Case No. 1:16-cv-00049-JD-SLC.
The Lancia Homes case was assigned to Judge Theresa Springmann and Magistrate Judge Susan L. Collins, in the Northern District of Indiana and assigned Case No. 1:16-cv-00047-TLS-SLC.
The Quality Crafted Homes case was filed in the Northern District of Indiana; it remains unassigned under Case No. 1:16-cv-00050.
The Windsor Homes, Inc. case was filed in the Northern District of Indiana; it remains unassigned under Case No. 1:16-cv-00051.