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Notable Copyright Settlements and Judgments

RECOVERIES – INFRINGEMENT MATTERS

For all the matters below, the client advanced the litigation costs, and the attorney’s fees were 40% of the settlement amount.

1984 849 F.2d 186; Estate of Vane v The Fair, Inc.; U.S. District Court, Eastern District of Texas; Verdict of $60,000 for infringement of photographs.

2000 No. H-00-4290 John Blackmer d/b/a John Blackmer Photography v. Monarch Holdings, USA, et al; U.S. District Court for the Southern District of Texas, Houston Division. Two images license exceeded. Trial verdict $60,000.02 + Loadstar attorney’s fees.

2001 No. 01-cv-00924; John Blackmer d/b/a John Blackmer Photography v. Shadow Creek Ranch, et al; U.S. District Court for the Southern District of Texas, Houston Division. Three images license exceeded, settled $37,000.

2002 No. 02-M-0208; Carmichael & Dame Designs, Inc. v Larry Bennett, et al; In the U.S. District Court of Colorado. Several house case, settled for disgorgement of $60,000.00 profit.

2003 No. H-03-3175; John Blackmer d/b/a John Blackmer Photography v. RTS Communications, Inc. d/b/a Homes & Land Magazine, et al; U.S. District Court, Southern District of Texas, Houston Division. Three photographs used, settled $20,000.

2003 No. H-03-5632; John Blackmer d/b/a John Blackmer Photography v. Koebig Granite, LP, et al; U.S. District Court for the Southern District of Texas, Houston Division. Thirteen images used beyond license. Settled $55,000.

2003 No. H-03-5386; John Blackmer d/b/a John Blackmer Photography v. Lipar Group, Inc., et al; U.S. District Court for the Southern District of Texas, Houston Division. License exceeded on 4 images. Settled $90,000.

2004 No. 04-C-431; Stonecrest Homes, LLC, et al v. Schmid Brothers Builders, Inc.; Federal District Court, Eastern District of Wisconsin. One house case, settled $70,000.00. 2004 No. 3:04-cv-07200; Carmichael-Dame v. Orchard Hill, et al; U.S. District Court, Northern District of Ohio – Western Division One house case. Settled for disgorgement of $16,000.00 profit.

2004 No. 3:04-cv-1817; Brian Harness d/b/a Brian Harness Photography v. John J. Wilson, Intervest-Bradford IV, Ltd., Intervest-Centurion, LLC, Bradford Homesuites Development, Ltd., and Intervest Bradford, Ltd.; U.S. District Court, North District of Texas, Dallas Division. Two images infringed, settled $135,000.

2005 No. 3:05-cv-0876; Brian Harness d/b/a Brian Harness Photography v. Jazzy Foods, Inc. d/b/a Catering by Arthur and Simcha Kosher Catering, et al; U.S. District Court, Northern District of Texas, Dallas Division. Several photographs infringed. Settled $30,000. 2005 No. 4:05-cv-04393; John Blackmer d/b/a John Blackmer Photography v. Quality Publishing, Inc., et al; U.S. District Court for the Southern District of Texas, Houston Division. One image infringed, settled $12,500.

2006 No: 1:06-CV-00072 TLS-RBC; Design Basics, Inc. Vs Granite Ridge Builders, Inc. By Tony Rienke, et al; In the U.S District Court, Northern District of Indiana. 219 house case, settled for disgorgement of $3,650,000.00 profit.

2007 No. 2:07-cv-00125; Breland & Farmer Designers, Inc. v. Dennis L. Pierce, Dennis Pierce, Inc., Suzanne E. Harris, Jerry A. Harris and Joe Meador; In the U.S. District Court, Southern District of Mississippi, Hattiesburg Division. One house case, settled for disgorgement of $8,150 in profit.

2008 Architectural Design Firm v Homebuilder; LLC; U.S. District Court of Nebraska, Omaha Division. Settlement Amount Confidential.

2008 No. 8:08-cv-00136; Plan Pros, Inc. v. Infinity Homes, Inc., Cobbleston Homes, Inc., NP Dodge Real Estate Sales, Inc., William J. Torczon, et al; U.S. District Court of Nebraska, Omaha Division. Settlement Confidential.

2008 Architectural Design Firm v Homebuilder; U.S. District Court, Western District of Wisconsin. No houses constructed, settled $125,000.

2008 Architectural Design Firm v Homebuilder; U.S. District Court, Northern District of Alabama. One house case, settled for disgorgement of $16,000.00 profit.

2008 No. 3:08-cv-0988; Brian Harness d/b/a Brian Harness Photography v. Luxe Media Group, LLC d/b/a Luxe Magazine Group, LLC and American Society of Interior Designers, Inc., and Deborah Anne Rossler; U.S. District Court, Northern District of Texas, Dallas Division. Three photographs infringed through advertising, settled $34,750.

2009 Architectural Design Firm v Homebuilder; U.S. District Court of Michigan, Western District. Settlement Amount Confidential.

2009 Architectural Design Firm v Homebuilder; U.S. District Court of Kansas. Settlement Amount Confidential.

2009 No. 3:09-cv-00009; Sullivan & Associates, LLC v. Gary Prince d/b/a Prince Construction, et al; U.S. District Court, Eastern District of Arkansas, Jonesboro Division. One house case, settled for disgorgement of $16,000 profits.

2009 No. 3:09-cv-00079; Sullivan & Associates, LLC v. Jeromy Daniel Holladay; U.S. District Court, Eastern District of Arkansas, Jonesboro Division. Three house case, trial verdict, $45,705.

2009 Carmichael & Dame Designs, Inc. v. Sierra Classic Homes, Inc. One house case, settled for disgorgement of $82,500 profits.

2009 09-cv-02076; Breland & Farmer Designs, Inc. v American Reprographics Company d/b/a Ridgways and Ridgways, LLC; In the U.S. District Court, Western District of Tennessee, Memphis Division. Infringement by reproduction of one set of house plans, settled $30,000.

2009 No. 3:09-cv-00017; Breland & Farmer Designers, Inc. v. Pete Cancilla, Tim K. Watson, Josh Brown, and Tosha Vawel; In the U.S. District Court, Eastern District of Arkansas, Jonesboro Division. One house case, settled for disgorgement of $8,000 profit. 2010 No. 10-cv-02274; Design Basics v ProBuild Company, LLC; et al U.S. District Court of Colorado. Settlement Confidential.

2010 No. 2:10-cv-02360; Sullivan & Associates, LLC v. Eastwood Homes, Inc., et al; In the U.S. District Court of South Carolina, Charleston Division. Settlement Confidential. 2011 Danze & Davis Architects v. Harris & Doyle (Alabama). Three house case, settled for disgorgement of $80,000 profits.

2011 No 3:11-cv-124-wmc, Design Basics, LLC et al. v. Acker Builders, Inc., Acker Realty, LLC, Wayne E. Acker, and Midwest Family Mutual Insurance Company, In the United States District Court for the Western District of Wisconsin. 31 houses constructed. Settlement Amount Confidential.

2011 No. 3:11-CV-617; Design Basics, LLC and Prime Designs, Inc. v. Ganser Construction, Inc., et al; In the U.S. District Court of Wisconsin, Western District. 50 houses constructed. Settled $750,000.

2012 4:10!cv!00216; Danze & Davis Architects, Inc. v. Legend Classic Homes, Ltd. et al; Southern District of Texas, 396 houses constructed, Settled $925,000.

2012 1:11-cv-01074-PLM; Design Basics, LLC v Huisman builders, Inc., et al; Western District of Michigan; 2 house case, Settled $100,000.

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