Podcast: The Briefing by the IP Law Blog - Supreme Court Petitioned to Overturn 8th Circuit’s Holding on Architectural Plans that Upends “Standard Marketing Practices” in Real Estate Industry
The Briefing by the IP Law Blog: Supreme Court Petitioned to Overturn 8th Circuit’s Holding on Architectural Plans that Upends “Standard Marketing Practices” in Real Estate Industry
Plans, drawings, and related design documents are needed at all stages of a construction project, from early concepts and permitting to site preparation and construction itself. Many professionals in construction and property...more
OVERVIEW - Recently, the California Court of Appeals in Simmons v. Ehm Architecture, Inc., No. D080702, 2023 WL 8888228 (Cal. App. 4th Dist. Dec, 26, 2023) (unpublished), held that an owner giving his architect's plans to...more
A new bipartisan bill relating to copyright protection may be a hole-in-one for golf course architects and owners....more
Congressmen Brian Fitzpatrick (R-PA) and Jimmy Panetta (D-CA) have introduced the Bolstering Intellectual Rights against Digital Infringement Enhancement (a.k.a. the BIRDIE Act), which proposes amending the definition of...more
The Owner and Architect of a Project may sometimes strongly disagree on who should or does own the designs, plans, and specifications that the Owner pays the Architect and its consultants to produce. The meaning of...more
In a September 22 decision, District Judge David J. Novak denied the bulk of a motion to dismiss a suit alleging that a general contractor had infringed an architectural firm’s copyright on design plans for a brewery and...more
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the 8th Circuit’s opinion on copyright protection for architectural plans that could uphend “standard marketing practices” in Real...more
Imagine...you own a site. You give an option to a developer to buy that site subject to obtaining planning permission. It gets the planning permission, using planning drawings prepared by a firm of architects that it engages,...more
Whether you realize it or not, contractors, subcontractors, owners and material suppliers face a myriad of issues related to intellectual property during a complex construction project, including patents, copyrights,...more
It’s Dangerous to Go Alone! Take This. Intellectual Property Tips for the Esports Industry - With the annual Game Developers Conference spectacular in our rearview mirror, and the NBA’s partnership with Take-Two to launch...more
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