Architectural Works, Copyright Infringement, Substantial Similarity, Evidence, Evidence of Prior Acts
Custom Homes, Inc. v. Modern Day Construction, Inc., 476 Fed.Appx. 190 (11th Circuit
April 17, 2012). District court granted
summary judgment finding that no reasonable jury could find substantial
similarity in architectural drawings and designs. The 11th Circuit rejected the
appellant’s argument that prior act evidence should be admissible. Appellant tried to draw the analogy to
trademark law where such evidence is admissible to prove likelihood of
confusion. The 11th Circuit
observed that prior act evidence even if admissible to prove damages is not
admissible to lower the threshold to prove liability. Rule 404 of the Federal Rules of Evidence
excludes prior act evidence to prove character to demonstrate action in
conformity with that character.
Purchase Copyright Litigation Handbook 2012-2013 by Raymond J. Dowd from West here
Wednesday, August 14, 2013
Copyright Law - Eleventh Circuit - Can Prior Infringements Help A Substantial Similarity Claim?
Labels: architectural works, copyright infringement, copyright litigation, Evidence, Evidence of Prior Acts, substantial similarity
Partner in 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 2018-2019). The New York Law Journal called it "an indispensable guide". Board of Directors of the Fordham Law Alumni Association, former General Counsel & Director Federal Bar Association, FBA Chair of the Circuit VPs, ViP for Second Circuit. 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.