United States Sixth Circuit

In a suit brought by real estate developers alleging that defendants had copied plaintiffs' architectural design for a "twelve-plex" condominium building, summary judgment for defendants based on the doctrine of laches is affirmed in part and reversed in part where: 1) the equitable doctrine of laches may be raised as a defense in some copyright infringement suits, even where the suit is brought within the statutorily-prescribed period for filing suit under the Copyright Act; 2) to the extent that plaintiffs sought only monetary damages and injunctive relief, the court could not find that the failure of plaintiffs to file suit in a timely manner resulted in undue prejudice to defendants for purposes of laches; but 3) the defense of laches was properly interposed, under the facts of this case, to the extent that the relief sought was destruction of the allegedly infringing condominium complex.

Appellate Information

• Decided 01/10/2007
• Published 01/10/2007

Judges

• Before DAUGHTREY and COLE, Circuit Judges;  GRAHAM, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stephen F. Wasinger, Wasinger, Kickham & Hanley, Royal Oak, Michigan, for Appellants.  Douglas P. LaLone, Warn, Hoffmann, Miller & LaLone, Auburn Hills, Michigan, for Appellees.   ON BRIEF:  Stephen F. Wasinger, Wasinger, Kickham & Hanley, Royal Oak, Michigan, Julie A. Greenberg, Gifford, Krass, Groh, Sprinkle, Anderson & Citkowski, Troy, Michigan, for Appellants.  Douglas P. LaLone, Warn, Hoffmann, Miller & Lalone, Auburn Hills, Michigan, Bernard J. Cantor, Harness, Dickey & Pierce, Troy, Michigan, for Appellees.