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Copyright Cases

Ganz U.S.A. v. Transpac, Inc., NO. 7:14-cv-00045-D (E.D.N.C. 2015):  represent Plaintiff in copyright infringement and unfair and deceptive trade practices case in gift industry; consent judgment and permanent injunction entered against Defendat.

Avanti Press, Inc. v. Michael Quackenbush, d/b/a Shaggy Dog Press, No. 2:13-cv-12185 (E.D. Mich. 2015): represent defendant in copyright infringement and related claims; confidential settlement.

Kyle Tallman v. Donald Jones, NO. 4:14-cv-00142-O (N.D. TX 2014): represent Defendant in copyright infringement case regarding product manuals; confidential settlement.

Logan Developers, Inc. v. Heritage Buildings, No.7:12-CV-00323 (E.D.N.C. 2014): represented defendants on copyright infringement claims for architectural works.  Summary judgment entered in favor of defendants as the works were not substantially similar at protectable level of expression and as defendants proved independent creation of their works. (2014 WL 2547085 (2014)).

Hudson Homes & Designs, LLC v. Corbett et al, No. 3:13-cv-00206 (M.D. Al. 2013): represent plaintiff in copyright infringement claim, confidential settlement.

Noelle Enterprises, Inc. v. The Gerson Company et al., No. 7:13-cv-00004 (E.D.N.C. 2013): represent plaintiff in copyright infringement claim, confidential settlement.

Simeral Construction Company v. Goody’s Home Design, Inc. et al., No. 5:12-cv-03630 (E.D. Pa.); represent defendant Goody’s Home Design, Inc. in copyright infringement claim, confidential settlement.

Gateway Gaming, LLC .v American Gaming Software, LLC et al., No. 1-12-cv-236 (M.D.N.C. 2012): represent defendant in copyright infringement claim, confidential settlement.

Eye Care Associates v. Triangle Eye Institute, No. 5:12-cv-00103 (E.D.N.C. 2012): represent plaintiff copyright infringement claim, confidential settlement.

Northwest Home Designing, Inc. v. Golden Key Construction, Inc. et al., No. 3:11-CV-05289 (W.D. Wash. 2011): represent plaintiff in copyright infringement claim for architectural works; confidential settlement.

Northwest Home Designing, Inc. v. Pioneer Pacific, Inc. et al., No. 3:11-CV-05293 (W.D. Wash. 2011): represent plaintiff in architectural works copyright infringement action, confidential settlement.

Elite Concepts, LLC v. James and Associates Residential Designers, LLC and John Stephen James, No. 3:2010-CV-00812 (M.D. Tenn. 2010): represent defendant in architectural works copyright infringement claim; confidential settlement.

The Persian Carpet, Inc. v. Royal Intercontinental Inc., No. 1: 2010-CV-00558 (M.D.N.C. pending): represent plaintiff in copyright infringement claim involving oriental rugs.

The Persian Carpet, Inc. v. Tashi Dhan Galaicha Udhyog and Phurbu Nyima Sherpa, No. 1: 2010-CV-00604 (M.D.N.C. 2010): represent plaintiff in copyright infringement action involving oriental rugs, confidential settlement.

Miller’s Ale House, Inc. v. Boynton Carolina Ale House, LLC, No. 9: 2009-CV-80918 (S.D. Fla. pending): represent defendant against trademark, trade dress, and copyright claims; successfully defended motion for preliminary injunction (2009 WL 6812111); summary judgment entered in favor of defendant (2010 WL 3943550); defendant granted over $250,000 in attorneys’ fees and costs; summary judgment affirmed and appellate fees awarded. Miller’s Ale House v. Boynton Carolina Ale House, LLC, 702 F.3d 1312 (11th Cir. 2012)

Custom Dynamics LLC v. Radiantz Led Lighting, Inc., No. 5: 2008-CV-00573 (E.D.N.C. 2008): represent plaintiff/counterclaim defendant in patent, trademark, copyright, and antitrust suit involving LED devices and marketing practices, confidential settlement.

Custom Residential Design v. Caviness & Cates Building and Development Company et al., No. 5:2010-CV-00471 (E.D.N.C. 2011): represented plaintiff in architectural works copyright infringement suit; confidential settlement.

Matt Robinson v. Tracy Santrock, Santrock Realty Group Inc. et al., No. 5: 2010-CV-00226 (E.D.N.C. 2011): represented defendants in copyright infringement claim; confidential settlement; obtained judgment for indemnification claim.

Northwest Home Designing, Inc. v. Sound Built Homes Inc., No. 3: 2010-CV-05016 (W.D. Wash. 2011): represented plaintiff in architectural works copyright infringement claim involving approximately 1000 structures; obtained final judgment and permanent injunction in favor of client.

The Mainstreet Collection, Inc. v. Hall and Lois & Friends LLC d/b/a Mountain Mamas, No. 4: 2009-CV-00199 (E.D.N.C. 2010): represented plaintiff in trade dress and copyright infringement suit; settlement where defendants permanently discontinued accused products, consented to client’s IPR rights, and cooperated with overseas source investigation.

The Mainstreet Collection, Inc. v. Kirkland’s Stores, Inc. et al., No. 4: 2009-CV-00189 (E.D.N.C. 2010): represented plaintiff in trade dress and copyright infringement suit; moved for preliminary injunction; settlement where defendants permanently discontinued accused products, made large financial contribution to client’s charity on behalf of client, and cooperated with oversea source investigation.

The Persian Carpet, Inc. v. J.G. Stickley, Inc., No. 1: 2009-CV-00991 (M.D.N.C. 2010): represented plaintiff in copyright infringement claim; confidential settlement.

Northwest Home Designing, Inc. v. Lubbesmeyer Construction Inc. et al., No. 3: 2009-CV-05562 (W.D. Wash. 2010): represented plaintiff in architectural works copyright infringement claim; confidential settlement.

MDM Group Associates, Inc. v. Hatteras Realty, Inc. et al., No. 2:2007-CV-00048 (E.D.N.C. 2010): represented plaintiff against numerous parties for copyright infringement; confidential settlements.

Answers in Genesis of Ky., Inc. v. Creation Ministries Int’l, Ltd., 556 F.3d 459 (6th Cir. 2009): represented plaintiff in dispute filed in Australia, USA, and Canada regarding numerous IPR disputes; enforced arbitration agreement through federal appeal for consolidated hearing of claims in arbitration; private settlement after arbiter ruled in favor of client regarding validity and enforceability of prior agreements.

Creative Home Designs, Inc. v. Fred Francis Builders, L.P., Fred Francis, Chris Turner, and Imagine Home Design, LLC, No. 3: 2006-CV-00039 (M.D. Tenn. 2009): represented plaintiff in several architectural works copyright infringement cases; several confidential settlements.

Norasingh v. Houghton Mifflin Company et al., 5: 2007-CV-00315 (E.D.N.C. 2008): represented plaintiff in copyright infringement and fraudulent inducement action against publisher; confidential settlement.

William E. Poole Designs, Inc. v. Brookside Homes, LLC et al., 7: 2007-CV-00092 (E.D.N.C. 2008): represented plaintiff against builders and designer for infringement of architectural works and design elements; confidential settlement.

Tom Maxwell and Ken Mosher v. Christopher Phillips et al., 1: 2006-CV-00510 (M.D.N.C. 2008): represented plaintiffs against former Squirrel Nut Zipper band members and manager in dispute over royalty and mechanical payments; confidential settlement.

Power Technology Services (PTS) Co. v. Champion Aerospace, Inc., No. 4: 2006-CV-00099 (E.D.N.C. 2007): represented plaintiff in mask works infringement and contract claims against defendant; numerous state law counterclaims; confidential settlement.

Triangle Residential Designs, Inc. v. Ashley Turner Enterprises, Inc. et al., No. 5:2005-CV-00412 (E.D.N.C. 2006): represented plaintiff in architectural works copyright infringement suit involving approximately 700 structures and dozens of designs; confidential settlement.

Stork News of America, Inc. v. Clark and Clark Novelty Sign Sales, Inc., No. 1:2005-CV-00256 (W.D.N.C. 2005): represented plaintiff in copyright and trademark infringement case involving signs; confidential settlement and permanent injunction.

Wyndham Homes, Inc. v. O’Connor et al., No. 3: 2005-CV-00573 (D. Conn. 2005); Wyndham Homes, Inc. v. Blum et al., No. 7: 2003-CV-07724 (S.D.N.Y. 2005); Wyndham Homes, Inc. v. Hill et al., No. 1: 2003-CV-06518 (S.D.N.Y. 2004): represented designer/builder in architectural works copyright infringement cases; confidential settlements.

Aagard v. Palomar et al., No. 2: 2004-CV-00825 (E.D. Cal. 2004): represented plaintiff in architectural works copyright infringement cases for numerous structures and designs; defend numerous counterclaims concerning copyright ownership and state tort claims; confidential settlement.

RMG v. Rose et al., Nos. 2: 2002-CV-01713 and 2: 2003-CV-02268 (N.D. Al. 2004): represented plaintiff in architectural works copyright infringement; 450 accused structures; insurance carriers consolidated declaratory judgment action on the scope and extent of coverage liability; settled for $600,000.

JKL, Inc. v. Cooper et al., No. 4:2003-CV-00082 (E.D.N.C. 2004): represented plaintiff in copyright infringement, misappropriation of trade secrets, and conspiracy action against former employee; confidential settlement

Triangle Residential Design v. S & M Enterprises et al., No. 5: 2002-CV-00161 (E.D.N.C. 2003): represented plaintiff in copyright infringement case involving architectural works copyrights; settled for approximately $180,000.

JKL, Inc. v. Bennett and Jewelry World, LLC, No. 4:2002-CV-00055 (E.D.N.C. 2003): represented plaintiff in copyright infringement suit involving jewelry design copyrights; permanent injunction and settlement.

RMG v. Builders Group et al., No. 2: 2002-CV-00762 (N.D. Al. 2003): represented plaintiff in architectural works copyright infringement case involving numerous infringing structures; settled for approximately $325,000 at close of discovery.

Residential Designs, Inc. v. Gottshalk Architects et al., No. 2: 2002-CV-01825 (D. S.C. 2003); Residential Designs, Inc. v. Passailaigue Homes, Inc. et al., No. 2: 2001-CV-03806 (D. S.C. 2002): represented plaintiff in architectural works copyright infringement cases; confidential settlement and consent judgment at close of discovery.

Candle Factory, Inc. et al v. Oddity, Inc., No. 2: 2001-CV-00018 (E.D.N.C. 2002): represented defendant in copyright and trade dress infringement case involving sculptured candles in the form of sea life; summary judgment on trade dress claims; copyright infringement claims dismissed as sanctions for discovery violations; awarded $12,000 in sanctions against opposing counsel.

JKL Inc. v. Hardy, No. 4:2001-CV-00184 (E.D.N.C. 2002): represented plaintiff in trademark and copyright infringement suit involving jewelry designs; obtained $40,000 settlement and permanent injunction against selling any chain link jewelry in Eastern North Carolina and against selling any chain link jewelry for children anywhere.

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