Intervest Construction, Inc. v. Canterbury Estate Homes, Inc.

Intervest Construction (Intervest) (plaintiff) created the 'Winchester' floor plan in 1992 for a four-bedroom, two-bath house; a decade later, Canterbury Estate Homes (Canterbury) (defendant) created the 'Kensington,' also a four-bedroom, two-bath design sharing several similar features — a master suite, two-car garage, dining room, living room, family room, nook, and porch. But the two plans also differed meaningfully: room square footage varied, the Winchester's attic-access space became a bonus room in the Kensington, the nooks had different features altering room flow, and kitchens, walls, and counters sat in different locations. Intervest sued for copyright infringement; the district court ruled for Canterbury based on the plans' differences, and Intervest appealed, arguing the court wrongly emphasized differences over similarities.