Del Madera Properties v. Rhodes and Gardner, Inc.

OPINION AND ORDER

In this copyright infringement action, plaintiffs, Del Madera Properties (“Del Madera”), a joint venture, and joint venturers Leonard Cahn and John Rupp, claim that defendants infringed their copyright rights in a Tentative Map of a residential subdivision in Tiburón, California by developing the subdivision in accordance with the Map after the plaintiffs were foreclosed upon. Plaintiffs were assigned the copyright by Edgar Ross, an architect who participated in the development of the Map, and who received a copyright in April, 1984. On May 24, 1985, following a six day trial, a jury found that the plaintiffs had obtained a valid copyright in the Tentative Map, but that the defendants had not infringed the copyright. Defendants, fearful of future litigation, now move under Rule 50(b) of the Federal Rules of Civil Procedure for a judgment non obstante veredicto. For the reasons hereinafter stated, defendants’ motion is DENIED.

I.

In June 1979, plaintiff Leonard Cahn decided to develop the Del Madera subdivision in Tiburón, California. When he purchased the property, Cahn made several notes on behalf of Del Madera Properties in exchange for loans from defendants…