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Case 5:03-cv-00347-WTH-G RJ Document 1 Filed 10/07/03 Page 1 of 10

UNITED STATES DISTRICT COURT FOR

THE

MIDDLE DISTRICT OF FLORIDAOCALA DIVISION

HOME DESIGN SERVICES, INC., ))

Plaintiff, ))

vs. ))

LA KE DIAMOND ASSOCIATES, LLC, )SIGNATURE CONSTRUCTION OF OCALA, NC., )ROBERT C. BREWSTER AND RACHEL RANDOLPH, )

)Defendants. )

)

CASE NO.

"'

COMPLAINT - INJUNCTIVE RELIEF SOUGHT

Plaintiff sues Defendants and alleges:

JURISDICTION AND VENUE

I . This action arises under the federal Copyright Act of 1976, Title 17, United States

Code. Jurisdiction is founded on Title 28, United States Code, Section 1338(a).

Venue is conferred by Title 28, United States Code, Section 1400(a).

THE PART1ES

2. Plaintiff HOME DESIGN SERVICES, INC., is a corporation, organized and existing

pursuant to the laws of the State of Florida, with its principal place of business at 580

Cape Cod Lane, Suite 9, Altamonte Springs, Florida 32714.

3. Defendant LAKE DIAMOND ASSOCIATES, LLC, is a corporation, organized and existing

pursuant to the laws of the States of Florida and New York, with its principal address

at 111 Fulton St., 41 Floor, New York, NY.

4. Defendant SIGNATURE CONSTRUCTIONOF OCALA, NC., is a corporation, organized and

existing pursuant to the laws of the State of Florida, with it's principal place of business

\

Case 5:03-cv-00347-WTH-GRJ Document 1 Filed 10/07103 Page 2 of 10

at 405 S.E. 52"d Avenue, Ocala, Florida.

5. Defendant ROBERT C. BREWSTER is a citizen of the United States, who, upon

information and belief is residing at 405 S.E. 52nd Avenue, Ocala, Florida.

6. Defendant RACHEL RANDOLPH is a citizen of the United States, who, upon

information and belief is residing at 2425 S.W. 3r<1 Avenue, Ocala, Florida.

Count I

7. Plaintiff realleges paragraphs 1 through 6 above.

8. Plaintiff is the creator and original owner of an original architectural work entitled

98/1278 (hereinafter the "Work"), a copy of the base floor plan of which is attached

hereto as Exhibit A.

9. The Work was originally created by Plaintiff in or around 1999.

I 0. Plaintiff complied in all respects with the Federal Copyright Act and all other laws

governing copyright, and secured the exclusive rights and privileges in and to the

copyright of the Work and received from the Register of Copyrights certificates of

registration, dated and identified as follows: "March 26, 2003, Va l -181-660" and

"March 26, 2003, Va 1-181-66I". Said certificates of registration are attached hereto

as Composite Exhibit B.

11. Plaintiff is the owner of the entire right, title and interest in and to the Work, and in

and to the copyright thereon and the registration thereof.

12. After the Work was created, the Defendants infringed said copyright by advertising,

designing, constructing and participating in the construction of multiple residences, all

of which were copied largely from Plaintiff s copyrighted Work. At least one of the

Defendants' infringing designs is entitled the "Stratford", a representative copy of which

Case 5 :03-cv-00347-WTH-G RJ Document 1 Filed 10/07/03 Page 3 of 10

is attached hereto as Exhibit C.

13. Plaintiff is entitled to recover its actual damages incurred as a result of the

Defendants' infringing activities, as well as any profits of the Defendant infringers.

l 4. In the alternative, Plaintiff is entitled to recover statutory damages of up to $150,000.00

from each infringer for each act of infringement.

15. Any continued unauthorized and infringing use by the Defendants of the copyrighted

Work will, unless enjoined, cause irreparable harm. damage and injury to the Plaintiff

in that the advertisement and construction of any additional structures based upon

Plaintiff's copyrighted architectural Work will severely diminish the value of the

original work, constitute unfair competition with Plaintiff's exclusive right to the use

and sale of the Work and dilute the market for the Work.

16. Plaintiff has employed the services of the law firm of Parrish, White & Lawhon, P.A.

to prosecute this action and has agreed to pay same a reasonable fee.

WHEREFORE, Plaintiff requests the following relief:

A. That Defendants, their agents, employees, successors and assigns and all those holding

with, through or under them, or acting on their behalf, be preliminarily enjoined from

infringing the aforementioned copyright, from constructing any structure based upon the

Work and from reproducing or otherwise distributing or selling the Work in whole or

in part.

B. That Defendants be required to pay to Plaintiff such damages as Plaintiff has sustained

in consequence of Defendants' infringement of Plaintiff s copyright and Defendants'

unfair trade practices and unfair competition and to account for all:

a. Gains, profits and advantages derived by Defendants through such trade practices

Case 5:03-cv-00347-WTH-GRJ Document 1 Filed 10/07/03 Page 4 of 10

and unfair competition; and

b. Gains, profits and advantages derived by the Defendants through their

infringement of Plaintiff's copyright.

C. That Defendants, in the alternative to B. above, be required to pay statutory damages for

infringement of Plaintiff's Work.

D. That Defendants be required to pay to Plaintiff the costs of this action and

reasonable attorney's fees to be allowed Plaintiff by the court

E. Such other and further relief as is just.

Jon D. rrish, Esquire Florida Bar Number 984329 Floyd S. Yarnell, Esquire Florida Bar Number 184209Parrish, White& Lawhon, P.A . Attorneys for Plaintiff3431 Pine Ridge Road, Suite I 01 Naples, Florida 34109239/566-201 3Facsimile 239/566-9561

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Selling Price$189,900

"Stratford" Lake Diamond Ave.(352) 687-8500

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Case 5:03-cv-0047-WTH-GRJ Document 1 Filed 10/07/03 Page 10 of 10

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Features

Elegant contemporary home offers laminate and tile flooring, Mohawk carpet,·· - - cabinets, tile countertops, upgraded landscaping and a pool with

·sure. Designed for relaxed living and entertainment, this home offers• exciting extras. Directions: (Lake Diamond••

• to Midway turn left follow s1

Case 5:03-cv-00347-WTH-GRJ Document 48 Filed 02/14/06 Page 1of 2 PagelD 191

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA

DIVISION

HOME DESIGN SERVICES, INC.,

Plaintiff,

-vs- Case No. 5:03-cv-347-0c-lOGRJ

LAKE DIAMOND ASSOCIATES, LLC, SIGNATURE CONSTRUCTION OF OCALA, INC., ROBERT C. BREWER, RACHEL RANDOLPH,

Defendants.

JUDGMENT IN A CIVIL CASE

Decision by Court. This action came before the Court. The issues have been tried or heard and a decision has been rendered.

IT IS ORDERED AND ADJUDGED

Pursuant to the Court's Order entered on February 13, 2006 this case is dismissed with prejudice, each party to bear their own attorney's fees and costs.

Date: February 14, 2006 SHERYL L. LOESCH, CLERK

L. Fannin By: L. Fannin, Deputy Clerk

Copies furnished to:

Counsel of Record Unrepresented Parties