Home Design Services, Inc. v. Turner Heritage Homes Inc.

825 F.3d 1314, 2016 U.S. App. LEXIS 10962, 2016 WL 3361479
Court of Appeals for the Eleventh Circuit·Decided June 17, 2016·No. 15-11912·Published·Cited by 17 cases

Opinions

GOLDBERG, Judge:

Plaintiff Home Design Services, Inc. (“Home Design”) has sued Defendants [1316] Turner Heritage Homes, Inc., et al. (“Turner”) for copyright infringement on Home Design’s architectural floor plan HDS-2089. According to Home Design, two of Turner’s floor plans, the Laurent and the Dakota, infringe on HDS-2089. Home Design’s lawsuit went to trial before the district court, and a jury returned a verdict in favor of Home Design, awarding $127,760 in damages. Turner moved for judgment notwithstanding the jury’s verdict under Rule 50(b), which the district court granted. We affirm.

BACKGROUND

Home Design registered HDS-2089 with the Copyright Office in August 1991. Turner created the Laurent plan in 1999, and thereafter slightly modified the Laurent to create the Dakota. Both HDS-2089 and the Laurent depict what is known as a “four-three split plan”: a four-bedroom, three-bathroom house with a “master” bedroom or suite on one end and three more bedrooms on the other. The plans, which are attached as an appendix, share in common the same set of rooms, arranged in the same overall layout. The plans also share the presence, location, and function of many (but not all) walls, entryways, windows, and fixtures.

Before this case went to trial, Turner moved for summary judgment, arguing that the Turner plans did not infringe on HDS-2089 because the plans were not “substantially similar” when it came to HDS-2089’s copyright-protectable expression. The district court denied' summary judgment, holding that

while there [are] an abundance of small differences in areas of protectable expression, including the heights of walls, placement of windows, and the number of doors in some entryways, there are also myriad similarities in areas of pro-tectable expression, including the arrangement and location of rooms, the unusual angle of the kitchen sink, the placement of the master bedroom and garage, and the common foyer at the entrance between the living and dining rooms. As a result of these many differences and many similarities in the areas of protectable expression, the [c]ourt is unable to conclude that, as a matter of law, no reasonable jury could find the works to be or not to be substantially ... similar.

At trial, the district court heard testimony regarding HDS-2089 and the Turner plans. James Zirkel, Home Design’s chief executive officer, compared HDS-2089 to the plan for the third Laurent home that Turner built. (Turner built over 160 homes using either the Laurent or Dakota plan.) Zirkel deemed the plans similar “except for a few minor parts,” and specifically identified the layout of the rooms as shared. Zirkel classified as “minor” the differences between the plans’ fireplace placements, orientation of water closets, and shape of living-room wall. (The Laurent’s living room has a squared wall abutting the family room and foyer, while HDS-2089’s has an angled wall.) Zirkel also conceded the following “numerous small changes, but not major changes,” some of which he classified as “options”:

HDS-2089 Laurent Plan Generallv
Front Door Double front door Single front door
Front Porch Projects beyond front bedroom and garage Flush with front bedroom and garage
Foyer Opens onto living spaces either without archways or columns Archways and columns leading into _living spaces_

[1317] In addition, with respect to the particular Laurent home he had looked at, Zirkel identified a number of further “small changes” or “options”:

I IDS-2089 Third Laurent I lome
Back Hallway Squared entry: sliding pocket door Archway entry
Pool Bathroom Linen closet No linen closet
Master Bedroom Flat, ten-foot ceiling; plant shelves; windows have different sizes and locations Vaulted ceiling; no plant shelves; windows have different sizes and locations
Living Room Twelve-foot ceiling; windows have different sizes and locations Ten-foot ceiling; windows have different sizes and locations
Secondary Different ceiling heights; windows in Different ceiling heights; windows in
Bedrooms rearmost secondary bedroom have different sizes and locations rearmost secondary bedroom have different sizes and locations
Nook Symmetrical angled walls with one window and a soffit Asymmetrical angled walls with two windows
Kitchen Smaller than Laurent; no desk; dishwasher in different location Larger than HDS-2089; built-in desk; dishwasher in different location
Master Bathroom Water closet orientation creates narrower space at end of kilchen/nook hallway; larger shower with walk-in area Water closet orientation creates deeper space at end of kitchen/nook hallway; smaller enclosed shower
Master Closet Four inches narrower Four inches wider

On cross-examination, Turner asked Zirkel about the originality of HDS-2089. Zirkel confirmed that HDS-2089 is a split plan, and that at the time that Home Design created HDS-2089 approximately seventy percent of the builders he dealt with were requesting split plans. Later in. the trial, Home Design introduced the deposition testimony of the Home Design employee who drafted HDS-2089. According to the employee, “there’s nothing fancy about [HDS-2089]. It’s been done over and over again in different variations and iterations. It’s a 3-1 split,1 three bedrooms on one side, a master in the rear. It’s ... pretty generic.” At the time that the employee drafted HDS-2089, “[t]here were plans that were preexisting like this— three bedrooms on one side, pool bath, a master on the other side. So it was a variation on different themes.”

Turner also asked Zirkel to compare HDS-2089 to two plans that Home Design had created at an earlier date, the HDS-2041 and the Timberwood. Turner’s theory was that the same similarities Zirkel had identified between HDS-2089 and the Turner plans also surfaced when comparing HDS-2089 to its predecessors. Zirkel confirmed that HDS-2041 and HDS-2089 share the same layout in terms of room location, but differentiated HDS-2041 based on differences in configuration. Zirk-el also testified that HDS-2089 and the Timberwood “are not substantially similar. They are not strikingly similar. They are a four-bedroom split plan.”

Home Design’s expert Kevin Alter compared HDS-2089 to the Laurent and Dakota plans, describing the plans as “extraordinarily similar.” Alter noted that “the [1318] overall shape, the massing,2 the individual layout of the rooms is the same. The[ rooms] all have the same shape, width, and length. ... The[ plans] have the same organization of rooms. You enter the foyer, the dining room and living room on other side.” Alter further explained that the “overall organization of traffic patterns” and arrangement of rooms is the same.

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Home Design Services, Inc. v. Turner Heritage Homes Inc., 825 F.3d 1314, 2016 U.S. App. LEXIS 10962, 2016 WL 3361479 (11th Cir. 2016).

825 F.3d 1314 (Home Design Services, Inc. v. Turner Heritage Homes Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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