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SCHOLZ DESIGN, INC. v. SARD CUSTOM HOMES, LLC

Docket No. 11-3298.

691 F.3d 182 (2012)

SCHOLZ DESIGN, INC., Plaintiff-Appellant, v. SARD CUSTOM HOMES, LLC, Prudential Connecticut Realty, & Coldwell Banker Residential Real Estate, LLC, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 15, 2012.

Attorney(s) appearing for the Case

Louis K. Bonham , Osha Liang, LLP, Austin, TX ( Holly M. Polglase , Hermes, Netburn, O'Connor & Spearing, P.C., Boston, MA, on the brief) for Plaintiff-Appellant.

John J. Robacynski , Alan J. Rome , Rome, Clifford, Katz & Koerner, LLP, Hartford, CT, for Defendant-Appellee Sard Custom Homes, LLC.

Thomas J. Finn , Paula Cruz Cedillo , McCarter & English LLP, Hartford, CT, for Defendant-Appellee Coldwell Banker Residential Real Estate, LLC.

Before: LEVAL, SACK, and HALL, Circuit Judges.

SACK, Circuit Judge:

BACKGROUND

The plaintiff-appellant, Scholz Design, Inc. ("Scholz"), alleges that three front-elevation1 architectural drawings of homes it designed in the late 1980s were copied and posted on various websites by the defendants in violation of Scholz's copyrights. The plaintiff also makes related claims for breach of contract and violations of the Digital Millennium Copyright Act, 17 U.S.C. § 1201,

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