Legal Opinion

Fairway Constructors, Inc. v. Ahern

Court of Appeals of Arizona

Decided August 11, 1998No. 1 CA-CV 97-0484PublishedCited by 34 opinions

1Opinion of the Court

OPINION

NOYES, Judge.

¶ 1 Fairway Constructors, Inc. (“Fairway”) and Ludwig Engineering, Inc. (“Ludwig”) sued Frank Ahern, d.b.a. Frank Ahern Construction (“Ahern”), for unfair competition based on Ahern’s use of a home design that was copyrighted by Ludwig and licensed to Fairway. The trial court dismissed the complaint on grounds of federal preemption, and it awarded attorneys’ fees to Ahern. We affirm the dismissal and reverse the award of attorneys’ fees.

I

¶ 2 Fairway and Ahern are home builders in Mohave County. Ludwig owns the copyright on the design of a home that Fairway builds and…

2Cases cited20 opinions

  1. Sears, Roebuck & Co. v. Stiffel Co.Supreme Court of the United States · 1964
  2. International News Service v. Associated PressSupreme Court of the United States · 1919
  3. Compco Corp. v. Day-Brite Lighting, Inc.Supreme Court of the United States · 1964
  4. Sparks v. Republic National Life InsuranceArizona Supreme Court · 1982
  5. Durham Industries, Inc. v. Tomy CorporationCourt of Appeals for the Second Circuit · 1980

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3Cited by34 opinions

  1. HTS, Inc. v. BoleyDistrict Court, D. Arizona · 2013
  2. Orca Communications v. Ann Noder Et vir/pitch PublicArizona Supreme Court · 2014
  3. Bennett v. Baxter Group, Inc.Court of Appeals of Arizona · 2010
  4. Joshua David Mellberg LLC v. WillDistrict Court, D. Arizona · 2015
  5. Industrial Commission v. Old Republic InsuranceCourt of Appeals of Arizona · 2009

29 more not listed; retrieve them via the Exa API.

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