Intellectual Property › Construction Law

Employee Wrongfully Terminated for Refusing to Engage in Criminal Copyright Infringement

Adam Young worked for an architecture firm, Nortex Foundation Designs Inc. in Fort Worth Texas as a drafter. He was hired in 2001 and designed foundation plans based on copyrighted architectural designs that Nortex provided...more

Copyright and Historical Landmarks

I recently heard that Dubai has planned to build a replica of the Taj Mahal, which will be four times the size of the original and is expected to be completed in two years. The Taj Arabia complex featuring the replica of the...more

The 10 Things You Must Know About Architectural Copyrights

Some people say that imitation is the sincerest form of flattery. However, under architectural copyright law, imitation could be a very costly endeavor. Here are ten tips to help contractors, owners and architects protect...more

Insurance Coverage: January 2013

There were no significant decisions of the Supreme Court related to coverage this past quarter. The Courts of Appeal have provided us with several more decisions on contribution and subrogation. The following are brief...more

Ochre LLC v. Rockwell Architecture, Planning and Design, P.C. et al.

Brief in Opposition to Motion by Defendant Project Dynamics to Dismiss for Failure to State a Claim

Ochre designed the iconic and much-sought-after "Arctic Pear" line of lighting fixtures. Its lawsuit seeks relief from companies involved in the design and construction of a hotel in Las Vegas that made slavish copies of the...more

Architectural Drawings are Entitled to Copyright Protection

The Court of Appeals for the Second Circuit, in Scholz Design Inc. v. Sard Custom Homes LLC, recently affirmed that architectural drawings are protectable by copyrights. Prior to 1990, under the Copyright Act,...more

Ochre LLC v. Rockwell Architecture, Planning and Design, P.C. et al.

Brief in Opposition to Motion to Dismiss for Failure to State a Claim

Ochre designed the iconic and much-sought-after "Arctic Pear" line of lighting fixtures. This lawsuit seeks relief from companies involved in the design and construction of a hotel in Las Vegas that made slavish copies of the...more

Second Circuit Clarifies Copyright Protection for Architectural Works and Drawings

Until 1990, federal law extended copyright protection to original architectural drawings, but generally did not extend such protection to actual buildings, even buildings constructed from protected drawings. The drawings...more

Seeing Orange in the Construction Space

Little did I know when I was writing What’s in an Orange-Colored Home Improvement Business Name? — that two days later, orange-color marks would be asserted in a trademark infringement lawsuit filed in Minnesota federal...more

Duty to Defend a “Looney” Copyright Claim

Here’s a recent case we thought our readers would be interested in that was posted in our May 2012 Media Law Bulletin. When Looney Ricks Kiss Architects, Inc. (Looney) created an architectural design known as the Island...more

'Looney' Copyright Claim Covered: Fifth Circuit Holds Breach of Contract Exclusion Doesn't Bar Liability Insurance Coverage

When Looney Ricks Kiss Architects, Inc. (Looney) created an architectural design known as the Island Park Apartments in 1996, it probably wasn't thinking of insurance coverage law. But, it appears likely that Looney's...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - January 20, 2012

Table of Contents: •Golan v. Holder U.S. Supreme Court affirms decision of Tenth Circuit holding that federal law restoring copyright protection to foreign works previously in the public domain does not violate...more

Protecting your Copyright in non-standard Construction Contracts (Law Note)

Last week I discussed copyright issues under ConsensusDOCS and AIA form contracts. This week, we’re taking a look at how to protect copyright in your design documents when you are not using a standard form contract. If...more

Copyright Protection under ConsensusDOCS and AIA–which is better? (Law note)

Which standard form contract provides “better” protection for copyright issues - ConsensusDOCS or AIA? The ever-so-helpful ”it depends” is, as usual, the answer. Are you the owner looking to use the plans you paid for...more

Construction OberView: Word to the Wise Follow-Up: the 2007 AIA Form Contract

In the last edition of Construction OberView, we focused on the respective intellectual property rights that an owner and its architect have in the plans created by the architect, but paid for by the owner. In that article,...more

Construction OberView: Word to the Wise: Owners, Beware the Architect

In a perfect world, a project owner and its architect work as team to reach the successful completion of the project. Indeed, the architect can be invaluable in helping the owner achieve its vision for the project and in...more

Current Legal Issues in Hotel Management Agreements in Russia

Current Legal Issues in Hotel Management Agreements in Russia January 2011 This article summarizes the principal legal issues in hotel management in Russia that hotel developers and operators are following in Russia...more

Energy Industry Updates -- November 2010

** Senator Baucus Backs an Extension of the Section 1603 Cash Grant Program ** Renewable and Transmission Rulemakings ** FERC Directs NERC to Modify Definition of “Bulk Electric System” ** USPTO...more

Rogers Towers: Copyright Issues Arise in Custom Residential Home Construction

Are you anxious to build a custom home after the economy recovers? Are you a builder or architect looking to rekindle your business? Now may be the time to consider the labyrinth of copyright issues that may arise in custom...more

Who Owns The Plans? Owners, Architects And Engineers, And The Federal Law Of Copyright

Bob has been saving up for his dream home his entire life. While not an architect himself, he follows architecture trends and visits buildings designed by Frank Lloyd Wright and I.M. Pei. After purchasing a plot of land on a...more

Energy Industry Updates for October 2010

Legal News is part of our ongoing commitment to providing legal insight to our clients and our colleagues. In this issue, we focus on the following topics: -- Offshore Wind Hits Land -- FERC Clarifies Order on...more

Dimalanta Clark, LLP Newsletter

Dimalanta Clark, LLP publishes a quarterly firm newsletter discussing various topics in the law. This issue includes an article co-authored by founding partner, Lee W. Clark, and Senior Associate, Lisa A. Lenoci that...more

Advertising for Dummies: Understanding Robinson Knife Manufacturing Inc. v. Commissioner's Effect on Trademark Licensing and...

This note identifies several problems created by the Tax Court’s holding in Robinson Knife Manufacturing Inc. v. Commissioner, and illustrates the dilemma with the current treatment of trademarks under the Internal...more

LAW: Advertising Brand Names Used in Your Building Project: How to Avoid Trademark Infringement, By Parna Mehrbani

Every building project has several components: the land, the labor, and perhaps most importantly, the products used. Purchasers may be drawn to your project because of the quality of the products used to build and furbish it....more