Similar? Substantially Similar? Virtually Identical?
Space Analytics® has provided expert testimony on some of the largest architectural copyright infringement and trade dress infringement cases such as retail, garden apartments, tall buildings, very large luxury houses, hospitality and custom houses typically found in wealthy suburbs. The large cases are the following.
- A 12,000 SF luxury house in Beverly Hills
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.
- Luxury garden apartment buildings
in Phoenix (Humphreys v. Tibsherany) and Las Vegas (Tibsherany v. Built Form). In the former we showed the defendant's floor plans and façades did not meet the substantial similarity test, while in the latter, they did.
- A major hotel and casino in Las Vegas
In Davidson v. USA and USPS, the United States Postal Service in wanted to show the Statue of Liberty copy at the New York New York Hotel and Casino was part of the architecture. Our testimony clearly showed no part of the sculpture or its immediate context could be considered architecture and the plaintiff was awarded $3.5 million in damages.
- A high-rise condominium just north of Miami
In Oravec v. Sunny Isles, we showed substantial similarities in almost every aspect of the two building designs and that the defendant design firm had never designed a building like that by the plaintiff. But the appeal court ruled the original (the top one) was simply a concept.
- An outlet mall in Castle Rock
involving an existing factory outlet mall and a nearby proposed factory outlet mall we showed the footprints, the spatial patterns and windows and façade elements of proposed mall were substantially similar to the existing one.