Humphreys & Partners Architects LP filed the suit in US District Court in Phoenix alleging that Phoenix-based architect George F. Tibsherany Inc. and others used its "Big House" designs to build multifamily housing in Phoenix, Mesa and Chandler. Neither Tibsherany nor Humphreys returned calls seeking comment on the case.
The suit seeks an injunction against Tibsherany and co-defendant American West Properties to stop them from allegedly infringing on Humphreys' designs and asks the court to award the Dallas architectural firm all profits made from their use. The lawsuit also requests the destruction of all of the copyrighted designs used by Tibsherany.
According to the lawsuit, Humphreys learned of the alleged copyright infringement in January 2001 after a Phoenix client called to express concern that the architect had allowed a "Big House" project to be built in the same market where he was building his own "Big House" development. The firm's trademarked "Big House" concept entails the construction of six to 10 apartments or condominiums constructed to look like a large, upscale, single-family home.
The lawsuit contends that Tibsherany gained access to those architectural plans and used them to design and copyright his own plans for the Lexington on Central in Phoenix, the Fairways in Mesa and Desertscape Residences, which were then built or financed by the other defendants. Also named in the suit are AR Development LLC, Communities Southwest Investors LLC, Communities Southwest Management Inc, Communities Southwest Development LLC, Communities Southwest Holdings LLC, Communities Southwest Management LLC, American West Communities LLC, Augusta Ranch LP, Andrew Welch, Coronado West Inc., Robcor Developments LLC, John Cork, Gilbert Oaks 174 LLC, Gilbert Oaks 174 LP, Arlington Property Management Co. and Robson Communities Inc.
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