Logourl black
From our private database of 14,100+ case briefs...

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

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


Facts

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

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Birch, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 220,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.