|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
For organizations that have amassed large sums of software complexity, taking a microservices approach is the first step toward DevOps and continuous improvement / development. Integrating system-level analysis with microservices makes it easier to change and add functionality to applications at any time without the increase of risk. Before you start big transformation projects or a cloud migration, make sure these changes won’t take down your entire organization.
Mar. 28, 2017 09:30 PM EDT Reads: 3,696
With the introduction of IoT and Smart Living in every aspect of our lives, one question has become relevant: What are the security implications? To answer this, first we have to look and explore the security models of the technologies that IoT is founded upon. In his session at @ThingsExpo, Nevi Kaja, a Research Engineer at Ford Motor Company, will discuss some of the security challenges of the IoT infrastructure and relate how these aspects impact Smart Living. The material will be delivered i...
Mar. 28, 2017 09:30 PM EDT Reads: 2,196
"My role is working with customers, helping them go through this digital transformation. I spend a lot of time talking to banks, big industries, manufacturers working through how they are integrating and transforming their IT platforms and moving them forward," explained William Morrish, General Manager Product Sales at Interoute, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York City, NY.
Mar. 28, 2017 09:30 PM EDT Reads: 3,790
SYS-CON Events announced today that Ocean9will exhibit at SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Ocean9 provides cloud services for Backup, Disaster Recovery (DRaaS) and instant Innovation, and redefines enterprise infrastructure with its cloud native subscription offerings for mission critical SAP workloads.
Mar. 28, 2017 08:15 PM EDT Reads: 2,312
Your homes and cars can be automated and self-serviced. Why can't your storage? From simply asking questions to analyze and troubleshoot your infrastructure, to provisioning storage with snapshots, recovery and replication, your wildest sci-fi dream has come true. In his session at @DevOpsSummit at 20th Cloud Expo, Dan Florea, Director of Product Management at Tintri, will provide a ChatOps demo where you can talk to your storage and manage it from anywhere, through Slack and similar services ...
Mar. 28, 2017 07:00 PM EDT Reads: 4,455
Imagine having the ability to leverage all of your current technology and to be able to compose it into one resource pool. Now imagine, as your business grows, not having to deploy a complete new appliance to scale your infrastructure. Also imagine a true multi-cloud capability that allows live migration without any modification between cloud environments regardless of whether that cloud is your private cloud or your public AWS, Azure or Google instance. Now think of a world that is not locked i...
Mar. 28, 2017 06:15 PM EDT Reads: 396
SYS-CON Events announced today that Auditwerx will exhibit at SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Auditwerx specializes in SOC 1, SOC 2, and SOC 3 attestation services throughout the U.S. and Canada. As a division of Carr, Riggs & Ingram (CRI), one of the top 20 largest CPA firms nationally, you can expect the resources, skills, and experience of a much larger firm combined with the accessibility and atten...
Mar. 28, 2017 06:15 PM EDT Reads: 362
In his session at @ThingsExpo, Eric Lachapelle, CEO of the Professional Evaluation and Certification Board (PECB), will provide an overview of various initiatives to certifiy the security of connected devices and future trends in ensuring public trust of IoT. Eric Lachapelle is the Chief Executive Officer of the Professional Evaluation and Certification Board (PECB), an international certification body. His role is to help companies and individuals to achieve professional, accredited and worldw...
Mar. 28, 2017 06:00 PM EDT Reads: 831
MongoDB Atlas leverages VPC peering for AWS, a service that allows multiple VPC networks to interact. This includes VPCs that belong to other AWS account holders. By performing cross account VPC peering, users ensure networks that host and communicate their data are secure. In his session at 20th Cloud Expo, Jay Gordon, a Developer Advocate at MongoDB, will explain how to properly architect your VPC using existing AWS tools and then peer with your MongoDB Atlas cluster. He'll discuss the secur...
Mar. 28, 2017 04:45 PM EDT Reads: 424
SYS-CON Events announced today that Linux Academy, the foremost online Linux and cloud training platform and community, will exhibit at SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Linux Academy was founded on the belief that providing high-quality, in-depth training should be available at an affordable price. Industry leaders in quality training, provided services, and student certification passes, its goal is to c...
Mar. 28, 2017 03:45 PM EDT Reads: 4,119
DevOps is often described as a combination of technology and culture. Without both, DevOps isn't complete. However, applying the culture to outdated technology is a recipe for disaster; as response times grow and connections between teams are delayed by technology, the culture will die. A Nutanix Enterprise Cloud has many benefits that provide the needed base for a true DevOps paradigm. In his Day 3 Keynote at 20th Cloud Expo, Chris Brown, a Solutions Marketing Manager at Nutanix, will explore t...
Mar. 28, 2017 03:45 PM EDT Reads: 3,091
In his session at Cloud Expo, Alan Winters, an entertainment executive/TV producer turned serial entrepreneur, will present a success story of an entrepreneur who has both suffered through and benefited from offshore development across multiple businesses: The smart choice, or how to select the right offshore development partner Warning signs, or how to minimize chances of making the wrong choice Collaboration, or how to establish the most effective work processes Budget control, or how to m...
Mar. 28, 2017 03:45 PM EDT Reads: 374
Deep learning has been very successful in social sciences and specially areas where there is a lot of data. Trading is another field that can be viewed as social science with a lot of data. With the advent of Deep Learning and Big Data technologies for efficient computation, we are finally able to use the same methods in investment management as we would in face recognition or in making chat-bots. In his session at 20th Cloud Expo, Gaurav Chakravorty, co-founder and Head of Strategy Development ...
Mar. 28, 2017 03:45 PM EDT Reads: 3,773
"delaPlex is a software development company. We do team-based outsourcing development," explained Mark Rivers, COO and Co-founder of delaPlex Software, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York City, NY.
Mar. 28, 2017 03:00 PM EDT Reads: 9,637
SYS-CON Events announced today that SoftLayer, an IBM Company, has been named “Gold Sponsor” of SYS-CON's 18th Cloud Expo, which will take place on June 7-9, 2016, at the Javits Center in New York, New York. SoftLayer, an IBM Company, provides cloud infrastructure as a service from a growing number of data centers and network points of presence around the world. SoftLayer’s customers range from Web startups to global enterprises.
Mar. 28, 2017 03:00 PM EDT Reads: 2,099