Housing copyright case may go to trial
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By Ann McGlynn | Wednesday, September 19, 2007 |
The copyright battle over two similar houses in Bettendorf may go to trial after a federal judge ruled that a jury should decide one specific issue in the two-year-old case.
One of the houses was built by Dick McNamara Construction in 2004. The second was built by Saddlebrook Homes for Thomas Arnett in 2005.
The case will proceed, unless a settlement is reached, to determine the validity of McNamara’s copyright and damages, should the copyright be found to be valid, U.S. District Judge John A. Jarvey wrote in the
23-page opinion.
The question, Jarvey wrote, is whether the McNamara home is “sufficiently original” when compared to yet another home created by a third company, Mastercraft, in Des Moines.
The issue, he wrote, is not whether the McNamara and Arnett houses are similar.
“The court is left with a solid conviction that the undisputed facts establish that the two homes are substantially similar, if not strikingly similar,” he said.
According to the lawsuit filed by McNamara:
Chris McNamara, who works for Dick McNamara Construction, developed an “architecturally unique” home known as McNamara 34.
McNamara hired Ian Schroeder of H.O. Seiffert Lumber Co. to make his hand-drawn renderings into a blueprint.
The home was built at 4055 Chris Court, Bettendorf. It was completed on May 20, 2004.
The house was then entered into the Spring Parade of Homes in June 2004 and the Fall Harvest of Homes in October 2004, sponsored by the Quad-City Homebuilders Association.
Saddlebrook Homes, co-owned by Lane Swearinger, is a competitor of Dick McNamara Construction.
In spring 2005, Saddlebrook began construction of a home at 5386 Hugo Court, Bettendorf. R.L. Montieth drafted the architectural blueprint for the home.
McNamara gave notice in May 2005 that the construction of the home on Hugo was “infringing on McNamara 34.” A cease-and-desist order was sent in 2005.
The McNamara home is assessed at $343,470. Arnett’s home is assessed at $504,310.
Ann McGlynn can be contacted at
(563) 383-2336 or amcglynn@qctimes.com. Comment on this story at qctimes.com.
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