MESSAGE
| DATE | 2007-01-28 |
| FROM | Ruben Safir
|
| SUBJECT | Subject: [NYLXS - HANGOUT] Log Cabins are now Copyrighted
|
Precision Craft Log and Timber Homes located in Meridian, Idaho was
awarded $300,000 as willful copyright damages plus attorney fees of
$77,770 in a copyright infringement case against The Cabin Kit Company,
located in Prescott Arizona (Case No. CIV 05-199-S-EJL). U.S. District
Judge Edward J. Lodge ruled against The Cabin Kit Company finding they
had willfully infringed copyrighted architectural works belonging to
Precision Craft.
(PRWeb) January 27, 2007 -- Precision Craft Log and Timber Homes
located in Meridian, Idaho was awarded $300,000 as willful copyright
damages plus attorney fees of $77,770 in a copyright infringement case
against The Cabin Kit Company, located in Prescott Arizona (Case No. CIV
05-199-S-EJL). U.S. District Judge Edward J. Lodge ruled against The
Cabin Kit Company finding they had willfully infringed copyrighted
architectural works belonging to Precision Craft.
this case presented some significant legal issues. First, could Cabin Kit
be sued here in Idaho as they had never done business in Idaho. Precision
Craft alleged that The Cabin Kit Company had copied architectural plans
that were posted on their website, changed the names and used the plans
as their own. In addition to the monetary damages, Judge Lodge issued a
permanent injunction against Cabin Kit prohibiting them from using the
Precision Craft copyrighted plans.
Attorney Jon M. Steele of the Boise law firm of Runft & Steele Law
Offices representing Precision Craft stated "this case presented some
significant legal issues. First, could Cabin Kit be sued here in Idaho
as they had never done business in Idaho."
U.S. District Court Judge Edward J. Lodge found Cabin Kits contacts with
Idaho were virtually non-existent. Even considering Cabin Kit's website
this was not enough to establish jurisdiction as internet shopping
allows items to be bought and sold around the world without the seller
entering the buyer's state. But Judge Lodge then found that as Cabin
Kit was a competitor and could deliver catalogs, sell cabin plans and
materials to customers in Idaho and elsewhere from their website and
was using Precision Craft's copyrighted materials without permission
and knew that Precision Craft was based in Idaho that the exercise of
jurisdiction was reasonable.
Precision Craft had offered Cabin Kit a retroactive license to use their
plans before filling suit. The offer of a license was refused and Cabin
Kit continued to display Precision Craft's copyrighted architecture works.
Judge Lodge found that the infringement was willful and awarded the
maximum statutory damages. This case signified the importance of dealing
with an established company who has taken the time and effort to copyright
their own original architectural works.
# # #
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