“Copyright troll” Design Basics failed to show that copyrighted home designs and allegedly infringing floor plans were “virtually identical.”

An infringement suit by Design Basics, LLC, which holds copyrights in thousands of single-family home floor plans and has brought hundreds of infringement suits against homebuilders nationwide, was properly dismissed because Design Basics failed to prove that the similarities between its copyrighted designs and the allegedly infringing floor plans of an Indiana homebuilder were anything more than standard features found in most suburban homes across the country, the U.S. Court of Appeals for the Seventh Circuit has determined. In addition to affirming the district court’s dismissal of the infringement suit and finding that the copyrighted plans were “thin” and deserving of little copyright protection, the court of appeals affirmed the lower court’s award of over $500,000 in attorney fees and costs against Design Basics (Design Basics, LLC v. Kerstiens Homes & Designs, Inc., June 16, 2021, Scudder, M.).

Case date: 16 June 2021
Case number: Nos. 18-3202
Court: United States Court of Appeals, Seventh Circuit

A full summary of this case has been published on Kluwer IP Law.


To make sure you do not miss out on regular updates from the Kluwer Copyright Blog, please subscribe here.

Kluwer IP Law

The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?

Learn how Kluwer IP Law can support you.

Kluwer IP Law
This page as PDF

Leave a Reply

Your email address will not be published. Required fields are marked *