Developer didn’t copy house design

Jury rules in unusual copyright case

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By Ann McGlynn | Tuesday, February 12, 2008 |

A lengthy copyright infringement battle over two “strikingly similar” houses, one built by Dick McNamara Construction in 2004 and the other by Saddlebrook Homes in 2005, is over, with a federal jury ruling in Saddlebrook’s favor.

The trial, in U.S. District Court in Davenport, focused on whether the McNamara home was original enough to earn a copyright when compared to yet another home constructed by a third builder in Des Moines, and therefore, whether the copyright was enforceable against the Saddlebrook home.

The jury ruled McNamara did not prove it was the owner of a valid copyright for the house.

“We’re very pleased,” Lane Swearinger of Saddlebrook Homes said of the verdict in his organization’s favor. “It’s a win for homebuilders statewide. It gives me great faith in our justice system.”

Representatives from Dick McNamara Construction could not be reached for comment.

The case went to trial to determine the validity of McNamara’s copyright after a ruling by U.S. District Judge John A. Jarvey. The question, Jarvey wrote, was whether the McNamara home was “sufficiently original” when compared to a home built by Mastercraft in Des Moines.

The issue was not whether the McNamara and Saddlebrook 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.

Saddlebrook Homes, co-owned by 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 had a meeting with Swearinger in the early stages of construction of the its home but did not ask him to change the plans, an attorney for Swearinger said. The lawsuit says McNamara told Saddlebrook in May 2005 that the construction of the home on Hugo was “infringing on McNamara 34,” documents say.

McNamara registered the house plan with the U.S. Copyright Office in August 2005. A cease-and-desist order was sent shortly afterward.