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LGS ARCHITECTS, INC. v. CONCORDIA HOMES

No. 04-16677.

434 F.3d 1150 (2006)

LGS ARCHITECTS, INC., a Nevada Corporation; LGS Nevada, a Nevada Corporation, Plaintiffs-Appellants. v. CONCORDIA HOMES OF NEVADA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 11, 2006.

Attorney(s) appearing for the Case

Michael J. McCue, Lewis and Roca LLP, Las Vegas, NV, argued the cause for the appellants; W. West Allen, Lewis and Roca LLP, Las Vegas, NV, was on the briefs.

John M. Naylor, Lionel Sawyer & Collins, Las Vegas, NV, argued the cause for the appellee; Samuel S. Lionel, Lionel Sawyer & Collins, Las Vegas, NV, was on the brief.

Before: BEEZER, O'SCANNLAIN, and KLEINFELD, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether an architectural firm is entitled to a preliminary injunction prohibiting a client from using its copyrighted designs on projects that fall outside the scope of their licensing agreement.

I.

In November 2001, LGS Architects, Inc. ("LGS") and Concordia Homes of Nevada ("Concordia") entered into a licensing agreement that authorized Concordia to use two of LGS's architectural plans to construct Arbor...

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