Floor Plans, Architectural Works, Substantial Similarity, Motion for Summary Judgment
Miller’s Ale House, Inc. v. Boynton Carolina Ale House LLC, 2012 WL 6629202 (11th Circuit December 20, 2012). Restaurant operator sued competitor over trademark, trade dress and copyrighted floor plans. District court granted summary judgment to Defendant over copyrighted floor plans. 11th Circuit noted that copyrights in architectural works are “thin” and that standard elements in floor plans are often similarly situated so that differences in architectural works are more relevant than in other copyrighted works. Here the 11th Circuit affirmed the district court’s finding that the differences were “dramatic and overwhelming”.
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Monday, July 15, 2013
Copyright Law - Eleventh Circuit: What's the Skinny on Thin Architectural Works?
Labels: architectural works, copyright litigation, Fed.R.Civ.P. 56, floor plans, substantial similarity
Partner in Manhattan law firm Dunnington Bartholow & Miller LLP in New York City litigating in federal and state courts and arbitrations. Experienced trial and appellate practitioner. Author: Copyright Litigation Handbook (Thomson Reuters 2015-2016). The New York Law Journal called it "an indispensable guide". Serve on the Board of Directors of the Federal Bar Association, served as Chair of the Circuit Vice Presidents, Vice President for the Second Circuit and General Counsel. Member Board of Governors, National Arts Club. President, Network of Bar Leaders (2013-2014). Attorney advertising disclaimer - prior results do not guarantee success. The statements and opinions voiced here are my own and not of my law firm.