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Construction Intellectual Property

Read need-to-know updates, commentary, and analysis on Construction issues written by leading professionals.

Structural engineers score big as Federal Court recognizes and enforces copyright on structure of soccer complex

by Smart & Biggar on

On September 12, 2017, the Federal Court issued its decision in Lainco Inc v Commission Scolaire Des Bois-Francs et al, 2017 CF 825, confirming that the plaintiff’s steel structure for an indoor soccer complex could benefit...more

Federal Circuit Affirms Finding Of Non-Arbitrability Under “Wholly Groundless” Standard

by Carlton Fields on

Stephen Evans, doing business as Roof n’ Box, Inc. (“RNB”), had a contract with Building Materials Corp. of America, (“BMCA”) to promote RNB’s “Roof N Box” product, a three-dimensional roofing model, to building-construction...more

Energy Newsletter - June 2017

by King & Spalding on

Mineral and Royalty Interest MLPs: An Alternative Exit For PE-Backed Mineral and Royalty Interest Cos. - Oil and gas exploration companies no longer have to go door-to-door, or ranch-to-ranch, to negotiate oil and gas...more

Court Rejects Claim That Arbitrator’s Ruling Was In Manifest Disregard Of The Law

by Carlton Fields on

A court has granted a petition to confirm an arbitration award despite the defendant’s argument that the arbitrator acted in manifest disregard of the law. While acknowledging questions regarding the continuing viability of...more

A House of Cards: How Much Copyright Protection Remains for Architectural Works

by Snell & Wilmer on

Although copyright protection in the United States was extended to architectural works in 1990, this protection has become increasingly narrow. A recently issued Eleventh Circuit opinion, Arthur Rutenberg Homes, Inc. v. Jewel...more

Issues for consideration: EPC contracts and technology licenses in petrochemical projects

by White & Case LLP on

In petrochemical projects, the engineering, procurement and construction (EPC) contracts are often negotiated after the technology licenses have been negotiated between the technology licensors and the project...more

Owners: Have You Protected Your Project Design?

by Stoel Rives LLP on

The owner’s rights to use project design documents can be overlooked during contract drafting and negotiation. Standard form design contracts, however, often contain design document terms that weigh heavily in the architect’s...more

Delivering Architectural Plans May Create Implied License - Hunn v. Dan Wilson Homes, Inc.

by McDermott Will & Emery on

Where an architectural draftsman left his design firm mid-project and later used partial plans drawn during his employment to complete the project, the U.S. Court of Appeals for the Fifth Circuit affirmed the ruling that the...more

Tamawood v Habitare: A Recent Australian Decision on Copyright Infringement in Building Designs

by K&L Gates LLP on

Early last week, the Full Court of the Federal Court of Australia (Full Court) delivered its judgment in the case of Tamawood v Habitare Developments, a copyright infringement case in respect of project home designs. Habitare...more

State May Not Disclose Trade Secrets Submitted as Part of RFP Response

by PretiFlaherty on

If you have ever agonized about whether to include certain confidential business information in a bid for a state contract in New Hampshire because of concerns that your competitors might get their hands on it, you should...more

Eleventh Circuit Mops the Floor With Invalidity Ruling: Faux-Hardwood Gets Copyright Protection

Last year, the District Court in Home Legend v. Mannington Mills gave three reasons for its holding that the designs on faux-hardwood flooring material, which are intended to look like real maple floors, were not subject to...more

The Low Bar for Copyright Protection Shown by Flooring

by Akerman LLP on

In Home Legend, LLC v. Mannington Mills, Inc., No. 14-13440 (11th Cir. Apr. 29, 2015), the Eleventh Circuit reversed a grant of summary judgment and held that a two dimensional laminate flooring design was eligible for...more

Just for Fun: The Stuff of Novels - Construction Practice Newsletter

We’ve all heard of Google. - But have you heard of Google X? - Google X is Google’s somewhat secret research facility, a la Q Branch of Ian Fleming’s 007 spy novel fame, which has as its mission the...more

Can A House Be An Advertisement? The 5th Circ. Thinks So

by Zelle LLP on

In the world of general liability insurance policies, it is not uncommon for policies to exclude coverage for claims resulting from copyright or trademark infringement, while covering claims resulting from “advertising...more

Energy Newsletter - January 2015

by King & Spalding on

In This Issue: - Mexico: E&P Regulator Issues First Call for Bids under Round One - Have the Challenges of the Energy Transition been Overcome? - Challenges for energy security in Europe: Do European...more

Copyright in House Plans

by Field Law on

A couple, the Ecklunds, approached Oakcraft Homes, a custom home-builder. Based on their discussions, Oakcraft prepared a house plan and gave a copy of the plan to the Ecklunds. The couple later took that plan to a rival home...more

Seventh Circuit Cites Petrella to Save Copyright Suit from Dismissal

by McDermott Will & Emery on

Chicago Building Design, P.C., et. al. v. Mongolian House, Inc., et. al. - The U.S. Court of Appeals for the Seventh Circuit applied the Supreme Court of the United States’ May 2014 ruling in Petrella (IP Update, Vol....more

The Need for Homebuilder Vigilance About Copyrights

by Bilzin Sumberg on

Are homebuilders as vigilant as they should be in protecting their intellectual property rights — including the copyrights that qualifying architectural drawings and structures receive automatically as a matter of law, even...more

Re-Claiming Credit

by Sherman & Howard L.L.C. on

When an employee leaves and sets up a competing business, may he or she claim experience for work done by the former employer? The Seventh Circuit recently considered whether an architect – a former employee of a firm – is...more

Architectural Copyrights Should Be Treated No Differently than Other Copyrights

by McDermott Will & Emery on

Zalewski v. Cicero Builder Dev., Inc. - The U.S. Court of Appeals for the Second Circuit, in addressing the extent to which architectural works are protectable copyright material and the proper framework for assessing...more

Your Proposal May Be Accessible to Your Competitors: Safeguard Trade Secrets in Government Procurement

by Lane Powell PC on

Businesses submitting bids, responses to requests for qualifications, and proposals to state and local agencies must remember that generally their submissions are subject to disclosure under the Public Records Act (PRA). The...more

What Makes a Copy-Cat a Copy-Cat? The Complex Case of Architectural Copyright

by Womble Bond Dickinson on

When an eminent jurist asks, “What does a copyright of an architectural work truly protect?” you may be certain the question is not rhetorical. The U.S. Copyright Act does provide protection from infringement for...more

Builder Beware! Does Your Project Infringe Someone’s Copyright?

by Baker Donelson on

On Friday, November 8, 2013, the United States Circuit Court of Appeals for the Fifth Circuit, which comprises Texas, Louisiana, and Mississippi, affirmed a $3.2 million damages award for copyright infringement in favor of...more

The Architecture of Copyright

This summer, Pacific Standard Time’s world-class exhibits highlight the architecture that gives Southern California its unique reputation for modern but relaxed style. This series of exhibits, a Getty initiative, titled...more

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

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