Oakes

Plaintiffs James Oakes and Gay McCline, each a licensed architect, brought this action to recovér damages for the unauthorized use of certain plans for the renovation of a ferryboat. The defendants named in the complaint included Suelynn Corporation; Walter Landor, individually and doing business as Walter Landor & Associates; Richard Rosek; Alexis Tellis; and Morton Rader, individually and doing business as ChanRader & Associates. The complaint charged defendants with both copyright infringement and conversion of plaintiffs’ plans.

Defendants, by way of answer, denied the material allegations of the complaint and raised three affirmative defenses. Defendants alleged that Suelynn Corporation had purchased the ferryboat Klamath in a bankruptcy proceeding and had thereby lawfully acquired the plans designed by plaintiffs; that any claim of plaintiffs should have been asserted in the bankruptcy proceeding and was barred by the order of the bankruptcy court approving the sale of the ferryboat. Defendants also alleged that plaintiffs’ plans had been carried into execution and embodied in the ferryboat and that plaintiffs had thereby lost any protectible interest in said…