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Eleventh Circuit: Similarity of architectural plans depends largely on arrangement of features

By McKee, Voorhees & Sease, P.L.C.

In a recent decision, the Eleventh Circuit affirmed a district court's grant of summary judgment of non-infringement in an architectural copyright case. The appellant had argued that the district court had effectively heightened the standard for infringement by performing an element-by-element comparison focusing on the differences between two floor plans. The Eleventh Circuit held the comparison was appropriate given the thin nature of architectural copyright and that, given the differences noted by the district court, summary judgment was appropriate in this case.

More detail on Intervest Constr., Inc. v. Canterbury Estate Homes, Inc. after the jump.

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Full post as published by FileWrapper on January 02, 2009 (boomark / email).