United States Second Circuit

In an action in which plaintiff-architect alleges copyright infringement and violations of the Digital Millennium Copyright Act (DMCA) against numerous defendants involved in the construction and sale of houses built with architectural plans allegedly copied from plaintiff’s designs, the district court's dismissal of plaintiff's claims against some defendants, grant of summary judgment in favor of the remaining defendants, and grant of attorney's fees to two defendants for costs incurred defending against plaintiff’s first and second amended complaint, are: 1) affirmed in part, where any copying of plaintiff's designs extended only to unprotected elements of his works, and plaintiff failed to plead a violation of the DMCA; but 2) vacated in part and remanded, where the district court applied the incorrect legal standard in awarding attorney's fees.

Appellate Information

• Decided 06/05/2014
• Published 06/05/2014

Judges

• WESLEY

Court

• United States Second Circuit

Counsel