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Intervest Construction, Inc. v. Canterbury Estate Homes, Inc.

United States Court of Appeals for the Eleventh Circuit
554 F.3d 914 (2008)


In 1992, Intervest Construction, Incorporated (Intervest) (plaintiff) created a floor plan for a four-bedroom, two-bathroom house, named the Winchester. Canterbury Estates Homes, Incorporated (Canterbury) created a floor plan in 2002, called the Kensington, that had many similar features. It was also a four-bedroom, two-bath house. Additionally, both plans had a master suite, a two-car garage, a dining room, a living room, a family room, a nook, and a porch. Although the layouts of those features were similar, there were also distinct differences between the two designs. For example, the rooms in each plan had different square footage; space that was for attic access in the Winchester was treated as a bonus room in the Kensington; the nooks had different features that changed the flow of the adjoined rooms; and the kitchens, walls, and counters were placed in different areas. Intervest sued for copyright infringement. The district court found for Canterbury, basing its decision on the differences that existed between the two plans. Intervest appealed, alleging error based on the district court’s emphasis on the differences rather than the similarities between the two designs.

Rule of Law


Holding and Reasoning (Birch, J.)

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