Kipp Flores Architects, L.L.C. v. Hallmark Design Homes, L.P., et al
Filing
UNPUBLISHED OPINION FILED. [13-20011 Affirmed ] Judge: JES , Judge: ECP , Judge: JWE Mandate pull date is 12/02/2013 [13-20011]
Case: 13-20011
Document: 00512433794
Page: 1
Date Filed: 11/07/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 13-20011
FILED
November 7, 2013
Lyle W. Cayce
Clerk
KIPP FLORES ARCHITECTS, L.L.C.,
Plaintiff−Appellee,
versus
HALLMARK DESIGN HOMES, L.P.,
Defendant−Appellant,
RONALD D. TOW, Chapter 7 Bankruptcy Trustee,
Appellant.
Appeal from the United States District Court
for the Southern District of Texas
No. 4:09-CV-850
Before SMITH, PRADO, and ELROD, Circuit Judges.
PER CURIAM:*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
*
Case: 13-20011
Document: 00512433794
Page: 2
Date Filed: 11/07/2013
No. 13-20011
Kipp Flores Architects, L.L.C. (“KFA”), sued Hallmark Design Homes,
L.P. (“Hallmark”), for copyright infringement in building houses based on
KFA’s architectural plans without purchasing the plans for each house as
required. A jury found Hallmark liable and awarded substantial damages.
Hallmark appeals, contending that the evidence was insufficient to support a
jury finding of “substantial similarity” and that the damages are inappropriate
as a matter of law because KFA did not meet its burden of proof.
We have reviewed the briefs, the applicable law, and the pertinent portions of the record and have heard the arguments of counsel. The case was
well tried by the magistrate judge sitting by consent. There is no error, and
the judgment is AFFIRMED.
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?