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DEMETRIADES v. KAUFMANN

No. 88 Civ. 0848 (GLG).

680 F.Supp. 658 (1988)

Chris DEMETRIADES and Demetriades Developers, Inc., Plaintiffs, v. Nicholas KAUFMANN, Cheryl Kaufmann, Judy Koch, Dudley D. Doernberg Company, Inc., Gino Gallo and John Gallo d/b/a Gallo Brothers, and MCR Consulting Engineers, Defendants.

United States District Court, S.D. New York.

March 8, 1988.

Attorney(s) appearing for the Case

Milgrim Thomajan & Lee, P.C., New York City (Steven M. Hartman and William M. Hart, of counsel), and Shuman & Wood-Smith, White Plains, N.Y. (Jeffrey A. Shuman and Lelia M. Wood-Smith, of counsel), for plaintiffs.

McAulay, Fields, Fisher, Goldstein & Nissen, New York City (Martin E. Goldstein, of counsel), for defendants Nicholas and Cheryl Kaufmann, Gino and John Gallo d/b/a Gallo Brothers, and MCR Consulting Engineers.

Brumbaugh, Graves, Donohue & Raymond, New York City (Brendan J. O'Rourke, of counsel), for defendants Judy Koch and Dudley D. Doernberg Co., Inc.

OPINION

GOETTEL, District Judge:

Certain of the defendants in this case have admitted to the unauthorized copying of plaintiffs' architectural plans, which have been granted a Federal copyright. There is little doubt that such acts constitute copyright infringement. The more difficult and novel inquiry presented by this case is whether construction of a residential home, designed primarily from the infringing copies of plaintiffs' plans, also violates either...

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