Austin architecture firm accuses San Antonio builders of copyright infringement on homes’ structure

An Austin business alleges in a new lawsuit that the architectural structure of some of the properties developed in a far West Aspect enhancement infringe on its copyrights.

Kipp Flores Architects LLC submitted the lawsuit last 7 days in San Antonio federal court docket against Pradera SFR LLC, American Housing Ventures LLC and KTGY Group LLC.

Pradera SFR and American Housing Ventures (AHV) teamed up to create Pradera, a 250-device solitary-spouse and children rental house local community at 11631 Culebra Road.

Kipp Flores claims in its criticism that 138 properties featuring 3 bedrooms and 2½ baths, regarded as the “Bluebonnet” design and style, violate its unique rights to reproduce and make derivatives of its copyrighted operates.

Every of the defendants is liable to Kipp Flores for its own profits, the match states.

The 1,555-sq.-foot residences that are subject matter of the lawsuit lease for $2,144 to $2,174 a thirty day period, according to Pradera’s web site.

“The fit is a shock,” reported Austin attorney James G. Ruiz, who represents AHV. “Based on our documents, Pradera SFR entered into a Structure License Arrangement with Kipp Flores Architects that protected the complete job on Aug. 24, 2017.”

Pradera SFR and KTGY, both of those dependent in California, didn’t react to a ask for for comment Monday.

In 2016, the accommodate suggests, AHV executed a license agreement to use some of Kipp Flores’ copyrighted will work in residential communities planned in Pflugerville and Georgetown, close to Austin.

An Austin architecture organization alleges that the housing styles made use of for some of the households in Pradera, a 250 solitary-spouse and children rental residence local community on the much West Aspect, violate the firm’s copyrights.

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Kipp Flores’ style and design for an facilities center subsequently was used at Pradera, the fit claims, but the functions by no means reached an arrangement on the licensing on the firm’s residential styles.

Agency lover Sabas Flores sent a proposed license settlement in late 2017, but an AHV principal responded that the builders had employed a distinct architectural company.

Kipp Flores alleges its copyrighted operates have been distributed to KTGY by AHV and/or Pradera SFR.

“On info and perception, AHV and/or Pradera SFR directed KTGY to redraw…the copyrighted operates with specific variations to produce the ‘Bluebonnet’ layout,” the match claims.

San Antonio lawyer Ted Lee specializes in mental assets.

“For some thing to be copyright infringement, it must be a sizeable duplicate of the copyrighted work,” reported Lee, who is not included in the dispute. “You have various courts holding diverse ways as to what is a significant duplicate.”

Lee expects the defendants will argue the Bluebonnet style and design is “no extended a considerable copy of the copyrighted do the job.”

Kipp Flores says in its fit it is entitled to injunctive aid prohibiting the defendants from further more infringement of the copyrights, such as additional rentals or product sales of the Bluebonnet houses at Pradera.

Kipp Flores has been effective in pursuing other copyright infringement steps from builders.

In 2013, the 5th U.S. Circuit Courtroom of Appeals upheld a $3.2 million award to Kipp Flores from Houston’s Hallmark Style and design Houses. A federal jury experienced uncovered in 2012 that Hallmark Structure Residences fully commited copyright infringement by constructing hundreds of homes from architectural styles copyrighted by Kipp Flores, Architecture Magazine reported.

A Virginia federal jury in 2001 directed two design organizations to shell out $5.25 million to Kipp Flores, the journal added.

pdanner@convey-news.web

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