M.G.B. Homes Inc. v. Ameron Homes Inc‪.‬

Brown, Senior Circuit Judge MGB Homes, Inc. (MGB), in its initial complaint, alleged that Ameron Homes, Inc. and its President Daniel J. Brognano (Ameron) copied the floorplan of MGB's ""Islander II"" home from a copyrighted advertising flyer. MGB alleged copyright infringement in violation of the Copyright Act of 1976, 17 U.S.C. § 501, et seq., and violations of the Florida common law of unfair competition and the Florida Deceptive and Unfair Trade Practices Act (DTPA), Fla.Stat.Annot. § 501.201, et seq. (1973). The trial court found in favor of MGB on all counts and awarded actual damages under the Copyright Act of $1,206.99. It also awarded $5,000.00 in punitive damages and $15,000.00 in attorneys' fees for ""unfair competition"" and violations of the Florida DTPA. We reverse the trial court on each of these claims leading to reversal of all of the monetary awards.