Architecture Copyright Infringement Lawsuit Can Seek Reputational Damages
The District Court of Minnesota refused to dismiss part of an architectural design copyright infringement complaint in U.S. Home Construction v. R.A. Kot Homes, Inc., 2007 WL 3037321 (D. Minn. 10/16/07).
Plaintiff owns two copyright registrations for an architectural design called the Remington. Defendant built a home that allegedly copied this design. Plaintiff filed a copyright infringement suit and asked for reputational damages but did not include a Lanham Act claim for unfair competition.
Defendant moved to dismiss the part of the complaint seeking reputational damages. The court rejected this argument and cited several cases that have permitted copyright owners to recover reputational damages. The court's opinion suggests Plaintiff will have additional remedies if it files an under the Lanham Act.
