|By PR Newswire||
|February 10, 2014 10:01 AM EST||
LUBBOCK, Texas, Feb. 10, 2014 /PRNewswire/ -- Attorneys from Lubbock's McCleskey, Harriger, Brazill & Graf LLP won a major victory in a copyright infringement case after successfully defending local custom home builder Dan Wilson and Dan Wilson Homes Inc.
On Jan. 29, Judge Sam R. Cummings of the U.S. District Court for the Northern District of Texas in Lubbock ruled that Mr. Wilson, Dan Wilson Homes and draftsman Ben Lack did not infringe the copyrighted house plans held by architect Marshall Hunn of Lubbock's Hunn Designs.
Judge Cummings also ruled that Wilson and Mr. Lack are entitled to attorneys' fees in an amount to be determined later. The case is Marshall Hunn v. Dan Wilson Homes Inc., et al., No. 5:12-CV-081-C.
"We're obviously thrilled that the judge ruled in our clients' favor," says Dustin R. Burrows, lead attorney for Dan Wilson Homes and a partner in The McCleskey Law Firm. "It's fairly unusual to be awarded attorneys' fees, so we feel like our client is being made as close to whole as possible."
Hunn Designs had been hired by Dan Wilson Homes to draft plans for several custom homes, and Mr. Lack was the draftsman assigned to work with Mr. Wilson on the projects. Before the plans were finished, however, Mr. Lack left Hunn Designs and opened his own drafting firm. Mr. Wilson attempted on several occasions to complete the plans with Hunn Designs, but claimed the company was non-responsive and never finished the work.
Ultimately, Mr. Wilson hired Mr. Lack to finish the plans, prompting the lawsuit.
"Mr. Hunn claimed he owned the copyright to the plans even though the homeowners themselves had essentially designed their dream homes and hired Mr. Wilson to turn their visions into reality," says Marion (Rion) Sanford, a partner in The McCleskey Law Firm and co-counsel to Mr. Burrows. "Mr. Hunn's job was simply to translate the homeowners' layman drawings into architectural plans. The plans never belonged to Mr. Hunn, nor were they his creation."
While the two companies were working together, Mr. Hunn delivered multiple sets of preliminary plans to Mr. Wilson with no restrictions on use, and both parties intended for the plans to be used to further the construction process, Mr. Burrows says.
"The judge's finding that Dan Wilson Homes had an implied license to finish the plans is noteworthy," he says. "That's been danced around before in the architectural world but I've never seen it decided so clearly."
The McCleskey Law Firm handles commercial transactions and civil litigation for companies in the agricultural, banking, business, energy, health care, insurance, manufacturing and real estate industries. The firm's attorneys have both the legal expertise and industry know-how to provide clients with exceptional counsel in a wide array of legal cases. They also provide decades of experience representing individuals in personal injury, family law, estate planning and other important matters.
For more information, contact Melissa Teinert at 806-796-7300 or [email protected].
SOURCE McCleskey, Harriger, Brazill & Graf LLP
Enterprise IT has been in the era of Hybrid Cloud for some time now. But it seems most conversations about Hybrid are focused on integrating AWS, Microsoft Azure, or Google ECM into existing on-premises systems. Where is all the Private Cloud? What do technology providers need to do to make their offerings more compelling? How should enterprise IT executives and buyers define their focus, needs, and roadmap, and communicate that clearly to the providers?
Sep. 26, 2016 03:00 PM EDT Reads: 1,544
SYS-CON Events announced today that Commvault, a global leader in enterprise data protection and information management, has been named “Bronze Sponsor” of SYS-CON's 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Commvault is a leading provider of data protection and information management solutions, helping companies worldwide activate their data to drive more value and business insight and to transform moder...
Sep. 26, 2016 02:45 PM EDT Reads: 2,593
Much of the value of DevOps comes from a (renewed) focus on measurement, sharing, and continuous feedback loops. In increasingly complex DevOps workflows and environments, and especially in larger, regulated, or more crystallized organizations, these core concepts become even more critical. In his session at @DevOpsSummit at 18th Cloud Expo, Andi Mann, Chief Technology Advocate at Splunk, showed how, by focusing on 'metrics that matter,' you can provide objective, transparent, and meaningful f...
Sep. 26, 2016 02:30 PM EDT Reads: 2,480
Fifty billion connected devices and still no winning protocols standards. HTTP, WebSockets, MQTT, and CoAP seem to be leading in the IoT protocol race at the moment but many more protocols are getting introduced on a regular basis. Each protocol has its pros and cons depending on the nature of the communications. Does there really need to be only one protocol to rule them all? Of course not. In his session at @ThingsExpo, Chris Matthieu, co-founder and CTO of Octoblu, walk you through how Oct...
Sep. 26, 2016 02:15 PM EDT Reads: 2,084
The Internet of Things can drive efficiency for airlines and airports. In their session at @ThingsExpo, Shyam Varan Nath, Principal Architect with GE, and Sudip Majumder, senior director of development at Oracle, will discuss the technical details of the connected airline baggage and related social media solutions. These IoT applications will enhance travelers' journey experience and drive efficiency for the airlines and the airports. The session will include a working demo and a technical d...
Sep. 26, 2016 02:00 PM EDT Reads: 1,715
There is little doubt that Big Data solutions will have an increasing role in the Enterprise IT mainstream over time. Big Data at Cloud Expo - to be held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA - has announced its Call for Papers is open. Cloud computing is being adopted in one form or another by 94% of enterprises today. Tens of billions of new devices are being connected to The Internet of Things. And Big Data is driving this bus. An exponential increase is...
Sep. 26, 2016 01:45 PM EDT Reads: 2,565
Digital innovation is the next big wave of business transformation based on digital technologies of which IoT and Big Data are key components, For example: Business boundary innovation is a challenge to excavate third-party business value using IoT and BigData, like Nest Business structure innovation may propose re-building business structure from scratch, as Uber does in the taxicab industry The social model innovation is also a big challenge to the new social architecture with the design fr...
Sep. 26, 2016 01:30 PM EDT Reads: 1,166
In his keynote at 18th Cloud Expo, Andrew Keys, Co-Founder of ConsenSys Enterprise, provided an overview of the evolution of the Internet and the Database and the future of their combination – the Blockchain. Andrew Keys is Co-Founder of ConsenSys Enterprise. He comes to ConsenSys Enterprise with capital markets, technology and entrepreneurial experience. Previously, he worked for UBS investment bank in equities analysis. Later, he was responsible for the creation and distribution of life sett...
Sep. 26, 2016 01:15 PM EDT Reads: 3,316
The many IoT deployments around the world are busy integrating smart devices and sensors into their enterprise IT infrastructures. Yet all of this technology – and there are an amazing number of choices – is of no use without the software to gather, communicate, and analyze the new data flows. Without software, there is no IT. In this power panel at @ThingsExpo, moderated by Conference Chair Roger Strukhoff, panelists will look at the protocols that communicate data and the emerging data analy...
Sep. 26, 2016 01:00 PM EDT Reads: 1,618
Creating replica copies to tolerate a certain number of failures is easy, but very expensive at cloud-scale. Conventional RAID has lower overhead, but it is limited in the number of failures it can tolerate. And the management is like herding cats (overseeing capacity, rebuilds, migrations, and degraded performance). Download Slide Deck: ▸ Here In his general session at 18th Cloud Expo, Scott Cleland, Senior Director of Product Marketing for the HGST Cloud Infrastructure Business Unit, discusse...
Sep. 26, 2016 12:45 PM EDT Reads: 2,257
SYS-CON Events announced today that China Unicom will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. China United Network Communications Group Co. Ltd ("China Unicom") was officially established in 2009 on the basis of the merger of former China Netcom and former China Unicom. China Unicom mainly operates a full range of telecommunications services including mobile broadband (GSM, WCDMA, LTE F...
Sep. 26, 2016 12:45 PM EDT Reads: 1,740
DevOps at Cloud Expo, taking place Nov 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with 19th Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait for long dev...
Sep. 26, 2016 12:45 PM EDT Reads: 3,415
Data is an unusual currency; it is not restricted by the same transactional limitations as money or people. In fact, the more that you leverage your data across multiple business use cases, the more valuable it becomes to the organization. And the same can be said about the organization’s analytics. In his session at 19th Cloud Expo, Bill Schmarzo, CTO for the Big Data Practice at EMC, will introduce a methodology for capturing, enriching and sharing data (and analytics) across the organizati...
Sep. 26, 2016 12:15 PM EDT Reads: 1,671
SYS-CON Events announced today that Tintri Inc., a leading producer of VM-aware storage (VAS) for virtualization and cloud environments, will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Tintri VM-aware storage is the simplest for virtualized applications and cloud. Organizations including GE, Toyota, United Healthcare, NASA and 6 of the Fortune 15 have said “No to LUNs.” With Tintri they mana...
Sep. 26, 2016 12:15 PM EDT Reads: 2,682
SYS-CON Events announced today that ReadyTalk, a leading provider of online conferencing and webinar services, has been named Vendor Presentation Sponsor at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. ReadyTalk delivers audio and web conferencing services that inspire collaboration and enable the Future of Work for today’s increasingly digital and mobile workforce. By combining intuitive, innovative tec...
Sep. 26, 2016 12:00 PM EDT Reads: 2,799