Eighth Circuit: Designworks Homes, Inc. v. Thomson Sailors Homes, L.L.C

 

Given the differences in their designs, triangular atria alone are insufficient to establish the identity of total concept and feel necessary for copyright infringement; no reasonable minds could differ on whether there was a substantial similarity of expression in the designs.

Although the court erred in saying that attorneys fees awards were the rule rather than the excpetion, it did not abuse its discretion in the actual award of fees in this case.


http://media.ca8.uscourts.gov/opndir/21/08/193458P.pdf