YOUR BUSINESS AUTHORITY
Springfield, MO
Last month, Creative Ink Architects LLC filed separate suits against Nixa-based Woodstone Builders and co-defendants Bart Williams and Jason Finley in U.S. District Court.
In April 2005, Woodstone filed an application with the city of Ozark to build the duplexes in Willow Terrace subdivision, court records show. Two months later, Williams and Finley applied to build similar duplexes in the same subdivision.
Creative Ink specifically designed the duplexes for Willow Terrace – northeast of highways 65 and CC – and licensed at least three builders to use the design on a per-lot basis, according to the suits. Licensing costs ranged from $750 to $1,500, records show.
Creative Ink owner Bob Stockdale said he noticed the duplexes earlier this year, but could not find any record that the builders had licensed his firm’s design. Stockdale said architectural plans on file with the city for the duplexes are “literally identical” to Creative Ink’s – minus the firm’s title box and copyright seal along the right margin.
The architectural plans were protected by federal copyright laws and bore a seal to that effect, according to the suits.
The defendants, who allegedly had access to the drawings from other builders and filers, knew the plans were copyright protected, Stockdale said.
“It’s not like they found them along the side of the road,” he said.
Stockdale said architectural firms throughout the country are struggling to protect their drawings from unlawful use, which can expose firms to additional liability. “It’s downright discourteous,” he added.
Reached by phone last week, a surprised Williams said he was unaware of the litigation and declined comment. Finley responded similarly. Williams is among a group of investors who contract with Finley to build housing.
Attempts to reach Woodstone Builders and its owner, Shannon McMurdo, were unsuccessful.
Creative Ink has asked for a court injunction to stop the defendants from using the architectural plans and is seeking compensatory and punitive damages. No amount is stated in the suits, which were filed by Bolivar attorney Jay Kirksey.
Punitive damages would punish the defendants and deter other builders from “engaging in like conduct in the future,” according to the suits.
This installment of Springfield Business Journal’s Architects & Engineers Project Report showcases 26 endeavors by area design and engineering professionals.
Longtime employee sues Ozarks Tech, alleges retaliation
Cavender’s opens hat shop in southeast Springfield
Caterpillar to acquire John Fabick Tractor Co.
Eric Schmitt introduces Modern Skies Act
Springfield airport to cut the ribbon on $35M in construction projects
Legacy Bank accused in lawsuit of failing to protect customers in data breach