Finnegan defends architectural work in copyright infringement case for Lessard Design

In a copyright infringement case involving an architectural work, plaintiff Humphreys & Partners Architects sued Finnegan client Lessard Design, Inc., alleging that Lessard’s apartment building infringed Humphreys’ condominium building design. Besides being high-rises, Humphreys alleged both buildings included two elevator cores connected by a fire or service corridor; a barbell-shaped floor plan thicker on the ends and thinner in the middle; corner units with diagonal entry access; and projecting elements at the cornice of the roof line. Lessard successfully moved for summary judgment for non-infringement in the Eastern District of Virginia, which found that none of the architectural elements asserted by Humphreys against Lessard were individually protectable. The court further ruled that even assuming the overall arrangement of those elements was protectable, the buildings were no more similar “than any two randomly selected high-rise multi-family projects would be based on building code regulations and industry standard practices.” Humphreys then appealed to the Fourth Circuit, which affirmed the lower court’s ruling. The Eastern District of Virginia (E.D. Va.) also granted attorneys fees and costs to Lessard as the prevailing party.