AIS Designs Co. v. J.J.S. Custom Built Homes, Inc.
4:24-cv-00837
| S.D. Tex. | May 13, 2025Background
- Plaintiff AIS Designs Co. ("AIS") holds a registered copyright for its architectural design "AIS Designs Quick Residence."
- AIS alleges that JJS Custom Built Homes and its officers built and sold at least four homes using AIS’s copyrighted design without authorization in Montgomery, Texas.
- The homes built by JJS are claimed to be exact replicas, and AIS further alleges that three real estate brokerage firms enabled and profited from the copyright infringement.
- AIS seeks disgorgement of profits and a permanent injunction against further use of its design.
- Multiple summary judgment motions were filed by both sides on the questions of copyright validity, affirmative defenses, and liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of Copyright Ownership | AIS owns a valid, registered copyright | Defendants concede ownership but challenge scope/protectability | Summary judgment granted for AIS on copyright ownership; scope of protectable elements deferred |
| Affirmative Defenses (e.g. License, Standing, Lack of Knowledge) | No evidence supports these defenses | Assert defenses but fail to support with evidence, or these are not proper affirmative defenses | Summary judgment for AIS on most defenses; Independent Contractor & Copyright Protectability may proceed |
| Substantial Similarity & Infringement | Homes are exact/substantially similar copies | Homes are not materially similar or are independently created | Jury must resolve whether substantial similarity and copying occurred |
| Brokerage Firm Defendants’ Liability | Firms enabled/profited from infringement; liable on multiple legal theories | Not liable due to independent contractor status; lack of involvement; statutes inapplicable | Issue of brokerage firm defendants’ liability reserved for jury |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment standard)
- Liberty Lobby, Inc. v. Cnty. of Dallas, 477 U.S. 242 (1986) (standard for genuine dispute of material fact)
- Bodenheimer v. PPG Indus., 5 F.3d 955 (5th Cir. 1993) (standards for what constitutes a genuine fact dispute)
- Peel & Co. v. The Rug Market, 238 F.3d 391 (5th Cir. 2001) (elements of copyright infringement)
- Engineering Dynamics, Inc. v. Structural Software, Inc., 26 F.3d 1335 (5th Cir. 1994) (proof required for substantial similarity in copyright)
- Norma Robbin & Trimming, Inc. v. Little, 51 F.3d 45 (5th Cir. 1995) (requirements to establish valid copyright ownership)
- Maverick Recording Co. v. Harper, 598 F.3d 193 (5th Cir. 2010) (copyright notice not required before suit)