Copyright Verdict Positive for Defendant

SEATTLE, WA/CLAUDVILLE, VA/MADISON, WI (March 7, 2008)— Modular Arts, Inc., a Seattle company, sued a competitor, Interlam, Inc., alleging copyright infringement.  Interlam’s attorney, Harry E. Van Camp of DeWitt, Ross & Stevens, SC, Madison, Wisconsin, elicited admissions by Modular Arts, Inc. that it had not bothered to actually compare its decorative wall panels with the Interlam’s decorative wall panels before filing a federal lawsuit against them.

            During cross-examination by Van Camp, Modular Arts’ owners also admitted that they had no evidence that Interlam did anything to copy Modular Art’s panels and never even saw Interlam’s actual wall panels before filing the federal law suit.  In addition, Modular Arts admitted it was not aware of any lost sales as a result of sales by Interlam.

When the jury returned, Judge Zilly advised them that they could not award Interlam damages for attorney’s fees, travel and costs.  The judge explained that such an award was a matter entirely for the Court to decide.  Within minutes, the Seattle jury returned a verdict that Interlam had not infringed Modular Arts’ copyright.

While happy with the outcome, Interlam’s owner, Skip Eckenrod, was still upset that his company, which is based in Claudville, Virginia, had to incur substantial amounts of money for attorney’s fees, costs, and travel expenses to defend the lawsuit in Seattle, Washington.  The evidence clearly established that Interlam owned a U.S. Patent on the process it used to develop its decorative wall panel.  From the beginning, Eckenrod and his Madison-based lawyers, Craig Fieschko and Harry E. Van Camp of DeWitt, Ross & Stevens, SC, insisted that Interlam did not violate Modular Arts’ copyright.  The evidence presented at trial demonstrated that Interlam’s wall panels were independently developed using Interlam’s own patented process.  Interlam’s attorneys will ask Judge Zilly for an Order requiring Modular Arts to reimburse Interlam for all its attorney’s fees, travel expenses and court related costs incurred defending this case.


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