Building design firms claim construction firm used their copyrighted designs

Two building design firms have filed a class-action lawsuit against a builder for allegedly using their copyrighted designs without permission.

Design Basics LLC and Carmichael & Dame Designs Inc. filed a complaint April 25 in U.S. District Court for the Western District of Pennsylvania against Maleno Builders Inc., alleging that the construction firm violated the Copyright Act and the Architectural Works Copyright Protection Act.

According to the complaint, the plaintiffs allege that Design Basics LLC and Carmichael & Dame Designs Inc. have been irreparably damaged and will continue to be damaged until a decision is rendered in their favor. The plaintiffs hold Maleno Builders Inc. responsible because the defendant allegedly violated and continues to violate their exclusive rights in each of their copyrighted works by copying, publishing, distributing, advertising, marketing, selling or constructing in the marketplace plans, drawings and houses that were copied or otherwise derived from their copyrighted works.

The plaintiffs request a trial by jury and seek a preliminary and permanent injunctions prohibiting the defendant from further infringing their copyrighted works, compensation for all damages, attorneys’ fees and costs, and such and other relief as they may be entitled. 

They are represented by John C. Hansberry and Adam B. Fischer of Pepper Hamilton LLP in Pittsburgh; Paul J. Kennedy and Jay A. Dubow of Pepper Hamilton LLP in Philadelphia; and Rick L. Lambert, Kelly D. Utsinger and Jennie C. Knapp of Underwood Law Firm PC in Amarillo, Texas.

U.S. District Court for the Western District of Pennsylvania Case number 1:16-cv-00094

Source: Penn Record