9th Circuit Preliminarily Enjoins Homebuilder From Using Copyrighted Drawings In Second Phase of A Development
In LGS Architects, Inc. v. Concordia Homes Of Nevada, 9th Circuit (January 11, 2006), the 9th Circuit reversed the district court's denial of a motion for preliminary injunction. LGS, an architecture firm, had provided four copyrighted plans for Concordia's construction of a development known as Arbor Glens I. LGS and Concordia entered into a Licensing Agreement, based on the standard American Institute of Architects' form, which provided that the plans could only be used on the specific project unless Concordia obtained written authorization from LGS and paid an appropriate re-use fee. Without first obtaining written consent, Concordia tendered at least a portion of the required re-use fee and proceeded to build Arbor Glens II using the four floor plans provided by LGS. After Arbor Glens II was completed and sold out, LGS filed suit seeking an injunction requiring Concordia to cease using the plans and to return them to LGS.
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