Legal Opinion

Christopher Phelps & Associates, LLC v. Galloway

Court of Appeals for the Fourth Circuit

Decided July 5, 2007No. 05-2266PublishedCited by 130 opinions

1Opinion of the Court

Affirmed in part, vacated in part, and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MOTZ and Judge TRAXLER joined.

OPINION

NIEMEYER, Circuit Judge:

After R. Wayne Galloway began construction of his retirement home on Lake Wylie, near Charlotte, North Carolina, using architectural plans designed and copyrighted by Christopher Phelps & Associates, LLC (“Phelps & Associates”), without permission, Phelps & Associates commenced this action against Galloway for copyright infringement. Phelps & Associates sought damages, disgorgement of profits, and injunctive relief.…

2Cases cited18 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Ebay Inc. v. Mercexchange, L. L. C.Supreme Court of the United States · 2006
  3. Sony Corp. of America v. Universal City Studios, Inc.Supreme Court of the United States · 1984
  4. Lovejoy v. MurraySupreme Court of the United States · 1866
  5. Harolds Stores, Inc. v. Dillard Department Stores, Inc.Court of Appeals for the Tenth Circuit · 1996

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3Cited by130 opinions

  1. Salinger v. ColtingCourt of Appeals for the Second Circuit · 2010
  2. TD Bank NA v. Vernon Hill, IICourt of Appeals for the Third Circuit · 2019
  3. Flexible Lifeline Systems., Inc. v. Precision Lift, Inc.Court of Appeals for the Ninth Circuit · 2011
  4. Peter Letterese & Associates, Inc. v. World Institute of Scientology Enterprises, InternationalCourt of Appeals for the Eleventh Circuit · 2008
  5. Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd.District Court, C.D. California · 2007

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