Fairway Constructors, Inc. v. Ahern
Court of Appeals of Arizona
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…
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