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754 F.3d 95 *; 2014 U.S. App. LEXIS 10609 **; 111 U.S.P.Q.2D (BNA) 1023 ***; Copy. L. Rep. (CCH) P30,616; 2014 WL 2521388
JAMES E. ZALEWSKI, DRAFTICS, LTD., Plaintiffs-Appellants, —v.— CICERO BUILDER DEV., INC., LUIGI CICERO, T.P. BUILDERS, INC., THOMAS PAONESSA, CILLIS BUILDERS, INC., THEODORE CILLIS, III, DERAVEN DESIGN & DRAFTING, ROXANNE K. HELLER, V.S. SOFIA ENGINEERING, SOFIA ENGINEERING, PLLC, VINCENZO S. SOFIA, Defendants-Appellees.1
Subsequent History: Costs and fees proceeding at, Motion denied by Zalewski v. T.P. Builders, Inc., 2015 U.S. Dist. LEXIS 106 (N.D.N.Y, Jan. 5, 2015)
Prior History: [**1] Appeal from orders and judgments of the United States District Court for the Northern District of New York (Sharpe, Judge). Plaintiff alleged copyright infringement and violations of the Digital Millennium Copyright Act against numerous Defendants involved in the construction and sale of houses built with architectural plans allegedly copied from Plaintiff's designs. The district court dismissed Plaintiff's claims against some Defendants, granted summary judgment in favor of the remaining Defendants, and granted attorney's fees to two Defendants for costs incurred defending against Plaintiff's first and second amended complaint. For the reasons stated below, the orders and judgments of the district court are AFFIRMED in part, and VACATED and REMANDED in part.
Zalewski v. T.P. Builders, Inc., 2012 U.S. Dist. LEXIS 180854 (N.D.N.Y, Dec. 21, 2012)Zalewski v. T.P. Builders, Inc., 875 F. Supp. 2d 135, 2012 U.S. Dist. LEXIS 84647 (N.D.N.Y, 2012)Zalewski v. T.P. Builders, Inc., 2012 U.S. Dist. LEXIS 166263 (N.D.N.Y, Nov. 21, 2012)
copying, designs, architectural, district court, similarity, summary judgment, unprotected, colonial, uncopyrightable, Defendants', features, award of attorney's fees, copyright protection, compilations, attorney's fees, Copyright Act, infringed, quotation, cases, copyright infringement, amended complaint, houses, doors, marks, style, words, substantially similar, no protection, public domain, complaints
Copyright Law, Scope of Copyright Protection, Subject Matter, General Overview, Statutory Copyright & Fixation, Protected Subject Matter, Architectural Works, Civil Infringement Actions, Elements, Copying by Defendants, Defenses, Common Law Copyrights, Ownership Interests, Governmental Works, Copying by Defendants, Substantial Similarity, Civil Procedure, Appeals, Standards of Review, De Novo Review, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Summary Judgment Review, Standards of Review, Intrinsic Tests, Ordinary Observer Test, Original Works of Authorship, Constitutional Copyright Protections, Copyright Clause, Expression & Idea Distinguished, Collective & Derivative Works, Originality Requirement, Scope of Protection, Audiovisual Works & Motion Pictures, Literary Works, Sound Recordings After 1972, Patent Law, Evidence, Judicial Notice, Scientific & Technical Facts, Copyright Infringement Actions, Digital Millennium Copyright Act, Prohibited Conduct, Abuse of Discretion, Costs & Attorney Fees, Attorney Fees & Expenses, Reasonable Fees, Damages, Types of Damages, Costs & Attorney Fees