Similar? Substantially Similar? Virtually Identical?

Architectural-Copyright-Trade-Dress

Our approach works whether the framework is total concept and feel, or abstraction, filtration and comparison. It’s not just the elements, it’s the relationships of elements and their effects.

Shape-network™ analysis identifies spatial design signatures and patterns of interior and exterior spatial configurations and elevations and façades tacitly perceived by prospective shoppers, buyers, users, etc.

Our projects include an outlet mall in Colorado, a high rise condominium just north of Miami, a major hotel in Las Vegas, an ultra-high end 12,000 SF luxury house in Beverly Hills, luxury garden apartment buildings in Phoenix and Las Vegas, and a variety of custom houses.
See: architectural copyright similarity.pdf.

  • A Beverly Hills luxury house

    Our testimony in Hablinski v. Amir led to a federal court upholding an award of $5.9 million in damages to the plaintiff, the largest for an architectural copyright case in the United States.   The exterior was substantially similar and, even though the rooms had different names, the interior layout was over 95% identical.

    See: That Fascia’s Familiar.pdf.

  • A successful outlet mall in Colorado

    Was the design of a proposed outlet mall adjacent to and existing one was substantially similar to the existing one? We used shape-network™ models and inverse super recognition to determine the answer and showed a shopper would be unable to distinguish one from the other. The proposed mall could not be built.

  • Luxury garden apartments in Phoenix

    We were defense experts for an architect sued for copying designs of a firm that designed multi-family dwellings to look like very large single-family dwellings. We showed,

    1) that the firm’s so-called original design was derived from earlier designs by another firm and

    2) that the footprints and the elevations of the two designs were similar only in terms of general massing. Roofs, façades, windows and entrances were substantially different. The layouts of most of the units also differed.