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Copyright of Home Designs to Come Under Scrutiny

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Written by Marc Pallisco   
Thursday, 21 February 2008

Copyright of home designs will come under scrutiny this year in the courts, after Australia’s eleventh biggest home builder, Porter Davis, launched another round of legal action against the third biggest, Metricon.

In October last year, Porter Davis won a Federal Court case against Metricon for design infringements on five of its homes – the Prada, Tyrell, Streeton, Connelly and Coburn.

Porter Davis said Metricon copied an “alfresco quadrant” which clusters a kitchen, dining, family and rumpus room around an outdoor area – from its Seattle and Memhis designs.

Metricon was forced to stop selling the homes, but Porter Davis managing director Andrew Roberts now claims the rival has “simply changed the home names and continued to sell and build essentially the same infringing house designs.”

Porter Davis Claims 12 further copyrights have been infringed on homes in Metricon’s Aspen, Ashton, Zenith and Jardine range.

Metricon immediately appealed October’s decision, arguing similarly laid out floor plans of project homes is a function of the need to fit houses on more compact blocks.

It’s understood Porter Davis also has copyright infringement proceedings against Carlisle Homes and Dennis Family Homes.

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