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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

DESIGN BASICS, LLC, §

§

Plaintiff, §

§ Case No. 1:16-cv-232

§

vs. § JURY DEMANDED

§

CITATION HOMES, INC., and, §

CITATION PARTNERS, L.L.C. d/b/a §

Citation Partners, §

§

Defendants. §

ORIGINAL COMPLAINT

Plaintiff, Design Basics, LLC, files this Complaint against Citation Homes, Inc.

(“Citation Homes”), and Citation Partners, L.L.C. doing business as Citation Partners (“Citation 

Partners”) (collectively referred to as “Defendants”), and for its causes of action alleges the 

following:

Parties

1. Design Basics, LLC, is a Nebraska Limited Liability Company with its principal 

place of business in Omaha, Nebraska. Under Articles of Merger executed on July 1, 2009, 

Design Basics, LLC, is the successor by merger to Design Basics, Inc., and as such is the owner 

of all assets (including copyrights, trade and service names, trade and service marks, and all 

causes of action) that Design Basics, Inc., owned as of that date. Design Basics, LLC, and its 

predecessor (Design Basics, Inc.) will hereinafter be referred to as “Design Basics.”

2. Design Basics is engaged in the business of creating, marketing, publishing and 

licensing the use of “architectural works” (as that term is defined in the Copyright Act and the 
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Architectural Works Copyright Protection Act of 1990, both codified at 17 U.S.C.§ 101 et seq.) 

and technical drawings depicting such architectural works.

3. Defendant Citation Homes is a corporation organized under the laws of the State 

of Indiana with its principal place of business in Tippecanoe County, Indiana. Citation Homes 

may be served through its registered agent, Steven Schreckengast, 325 S. Earl Ave., Suite #4, 

Lafayette, Indiana 47904.

4. Defendant Citation Partners is a limited liability company organized under the 

laws of the State of Indiana with its principal place of business in Tippecanoe County, Indiana. 

Citation Homes may be served through its registered agent, Steven Schreckengast, 325 S. Earl 

Ave., Suite #4, Lafayette, Indiana 47904.

Jurisdiction and Venue

5. This Court has subject matter jurisdiction of this case under 28 U.S.C. § 1338 

because this action arises under federal copyright law, 17 U.S.C. § 101 et seq.

6. Venue is proper in this District under 28 U.S.C. § 1400(a) because Defendants 

may be found in this District. Furthermore, or in the alternative, venue is proper in this District 

under 28 U.S.C. § 1391(b) because a substantial part of the events giving rise to the claims at 

issue occurred in this District; and Defendants reside and do business in this District.

Factual Background

7. Design Basics is a building design firm which creates, markets, and licenses the 

use of “architectural works” (as that term is defined in the Copyright Act and the Architectural 

Works Copyright Protection Act of 1990 (the “AWCPA”)) and technical drawings depicting 

architectural works. Design Basics owns copyrights protecting the architectural works and 

technical drawings it has created. 
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8. Design Basics is the author and the owner of all copyrights in the following 

works, each of which has been registered with the United States Copyright Office:

Title Registration Certificate No.

Plan No. 1330 – Trenton VA 314-016, 694-094 & 756-041

Plan No. 1380 – Paterson VA 314-024 & 694-094

Plan No. 1748 – Sinclair VA 371-214, 694-094 & 726-353

Plan No. 1752 – Lancaster VA 371-204, 694-094 & 756-041

9. The foregoing works described in paragraphs 8 above will be referred to 

collectively as the “Copyrighted Works.”

10. The Copyrighted Works have been published in various Design Basics plan 

books and publications. The Copyrighted Works have also been published by Design Basics on 

the internet at www.designbasics.com. 

11. Each of the Copyrighted Works constitutes original material that is copyrightable 

under federal law.

12. Design Basics is currently, and at all relevant times has been, the sole owner of 

all right, title and interest in and to the works described in paragraph 8 above.

13. Defendants have been engaged, at least in part, in the business of creating, 

publishing, distributing and advertising residential home designs through traditional print 

media, on the internet on sites such as www.citationhomesinc.com, and in marketing, 

advertising, constructing and selling homes built according to such designs.

14. Defendants have published, distributed, marketed and advertised certain 

architectural designs for single family residential homes, each consisting of a floor plan and 

exterior elevations, that Defendants have identified and marketed under the following model 

names: 

Avalon
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Tanner

Wellington

Worthington

15. Design Basics’ home designs, including the Copyrighted Works, have been 

marketed for years on a nationwide basis, including in this District, by means of plan books and 

other publications and also on the internet, including many websites. 

16. Defendants have been actually aware of Design Basics and the works that Design 

Basics markets. All of the Copyrighted Works were showcased in one or more of the Design 

Basics’ home plan books purchased by Defendants. At all times material to this case, 

Defendants have had a reasonable opportunity to have viewed the Copyrighted Works.

17. Defendants have violated and continue to violate Design Basics’ exclusive rights 

in each of the Copyrighted Works (including the right to reproduce, the right to prepare 

derivative works and the right to sell), by copying, publishing, distributing, advertising, 

marketing, selling and/or constructing in the marketplace, plans, drawings and houses which 

were copied or otherwise derived from the Copyrighted Works, as detailed below: 

a. Defendants’ “Avalon” (and any predecessors, copies or derivatives of that 

model under the same name or a different name) infringes the Design 

Basics Plan No. 1752 – Lancaster (and any predecessor or derivative 

thereof). 

b. Defendants’ “Tanner” (and any predecessors, copies or derivatives of that 

model under the same name or a different name) infringes the Design 

Basics Plan No. 1380 – Paterson (and any predecessor or derivative 

thereof). 

c. Defendants’ “Tanner” (and any predecessors, copies or derivatives of that 

model under the same name or a different name) infringes the Design 

Basics Plan No. 1330 – Trenton (and any predecessor or derivative 

thereof).

d. Defendants’ “Wellington” (and any predecessors, copies or derivatives of 

that model under the same name or a different name) infringes the Design 
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Basics Plan No. 1380 – Paterson (and any predecessor or derivative 

thereof).

e. Defendants’ “Worthington” (and any predecessors, copies or derivatives 

of that model under the same name or a different name) infringes the 

Design Basics Plan No. 1748 – Sinclair (and any predecessor or derivative 

thereof).

Cause of Action

Copyright Infringement

18. Design Basics complains of Defendants for copyright infringement and 

incorporates paragraphs 1 through 17 above by reference.

19. Defendants’ construction and sale of houses, and creation of associated design 

and construction drawings based on Design Basics’ Copyrighted Works has infringed and 

continues to infringe Design Basics’ copyrights in the Copyrighted Works.

20. Defendants’ creation and publication of non-pictorial representations based on 

Design Basics’ Copyrighted Works have infringed and are infringing Design Basics’ copyrights 

in the Copyrighted Works. 

21. Design Basics is entitled to recover the actual damages it suffered as a result of 

the foregoing infringement, and all of Defendants’ profits from such infringement, pursuant to 

17 U.S.C. § 504(b). 

22. In the alternative to the actual damages and infringer profits sought above, 

Design Basics is entitled to an award of statutory damages for all infringements of Design 

Basics’ Copyrighted Works, as permitted by 17 U.S.C. § 504(c).

23. Pursuant to 17 U.S.C. § 505, Defendants are liable for plaintiff’s costs and 

reasonable attorneys’ fees incurred in this action.
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24. In addition, Design Basics is entitled to preliminary and permanent injunctions 

pursuant to 17 U.S.C. § 502 prohibiting Defendants from further infringement of Design Basics’

copyrights, including but not limited to the further use of infringing plans, creation or use of 

derivative plans, and construction, sale or rental of infringing structures.

25. Furthermore, this Court should issue an order pursuant to 17. U.S.C. § 503 

directing the United States Marshal’s Service to (a) impound all copies of the Copyrighted 

Works, in possession of Defendants or their agents or contractors in violation of Design Basics’

exclusive rights, and (b) upon final hearing of this case, to destroy or otherwise dispose of those 

copies. 

Conditions Precedent

26. With respect to all counts, Design Basics generally avers that all conditions 

precedent to their rights of recovery have occurred or been performed, or have been waived or 

excused by Defendants. 

Jury Demand

27. Pursuant to Federal Rule of Civil Procedure 38, Design Basics respectfully 

demands a trial by jury of all issues so triable.

WHEREFORE, Design Basics, LLC, prays that defendants Citation Homes, Inc. and 

Citation Partners, L.L.C., be cited to appear and answer; and that upon final trial have and 

recover from defendants as set forth above, that they have permanent injunctive relief against 

defendants as requested herein, and that they have such and other relief as they may show 

themselves to be entitled.
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Respectfully submitted,

/s/ Sean J. Quinn

John D. LaDue (19039-71)

Sean J. Quinn (29441-71)

LADUE | CURRAN | KUEHN

200 First Bank Building

205 West Jefferson Boulevard

South Bend, Indiana 46601

Telephone: (574) 968-0760

Facsimile: (574) 968-0761

jladue@lck-law.com

squinn@lck-law.com

ATTORNEYS FOR PLAINTIFF

DESIGN BASICS, LLC