House Plan Zone sues builder Newton and Wallace, alleging it built and advertised houses from eight registered house plans

The complaint

House Plan Zone, LLC v. Newton and Wallace, Inc., No. 3:26-cv-00947 (M.D. Ala., Eastern Division), is a 14-page complaint filed November 12, 2026, ECF No. 1, with a demand for jury trial. The caption also names Richard Newton, Jamey Wallace, Terri Kelley, Real Broker, LLC, and John Does 1-5 as defendants. The complaint describes House Plan Zone, LLC as a Mississippi limited liability company based in Hattiesburg, Mississippi, engaged in creating, publishing, advertising, and licensing residential architectural design. It describes Newton and Wallace, Inc. as an Alabama corporation and a residential construction company doing business in Alabama, Richard Newton and Jamey Wallace as owners, officers, and principals of that company, Real Broker, LLC as a limited liability company doing business in Alabama, and Terri Kelley as an agent or broker with Real Broker, LLC. It alleges, upon information and belief, that Kelley's work was under the trade name or business name of Terri Kelley Group. It pleads the action under the Copyright Act, 17 U.S.C. § 101 et seq., and 17 U.S.C. § 1201, and pleads jurisdiction under 28 U.S.C. §§ 1338 and 1331 and venue under 28 U.S.C. §§ 1400(a) and 1391(b) and (c). A November 12, 2026 assignment entry assigned the case to Chief District Judge R. Austin Huffaker, Jr.

The works

The complaint alleges that House Plan Zone is the author and the sole owner of the copyrights in eight home designs, which it collectively calls the Plans, and that the U.S. Registrar of Copyrights has issued registrations for those architectural plans: Bryant-1998T, Registration No. VA 2-316-834; Aubrey - BB-1416, Registration No. VA 2-204-368; Highland Court - BB-2077, Registration No. VA 2-141-565; Jade Oaks - 1479, Registration No. VA 2-378-512; Blackstone - 1498, Registration No. VA 2-316-757; Luckett - 1459, Registration No. VA 2-316-860; Blakes Lane - BB-1521, Registration No. VA 2-314-216; and Barclay - 1690, Registration No. VA 2-421-141. It describes the plans and technical drawings as pictorial, graphical, and sculptural works and architectural works, and it says the plans were and are available for licensing through House Plan Zone's website and other vendor websites. The complaint says the registrations are attached as Exhibits A through H.

The Copyright Office public records for all eight registration numbers show matching plan titles, each with House Plan Zone, LLC as author and claimant and authorship stated as architectural work. The registration dates run from August 20, 2018 (Highland Court - BB-2077) to August 19, 2024 (Barclay - 1690).

What the complaint alleges

The complaint alleges that Newton and Wallace, Inc. used House Plan Zone's copyrighted plans without permission or a license, and that it built and advertised houses using the Plans or derivative works that are substantially similar or virtually identical. It alleges, upon information and belief, that Newton and Wallace, Richard Newton, and Jamey Wallace obtained copies of the Plans through customers or other builders, or alternatively obtained dimensions from House Plan Zone's website or vendor websites and had them redrawn. It alleges, upon information and belief, that the copyrighted plans were built and advertised, including on social media, the internet, brochures, and real estate advertisements. It alleges that Real Broker, Terri Kelley Group, and Terri Kelley obtained copies through the builder defendants or other builders, or from House Plan Zone's website or vendor websites, and advertised houses using the Plans or derivative works. As examples, it presents overlay comparisons that it says show infringement of the Luckett-1459 plan and the Aubrey plan in houses Newton and Wallace constructed in Valley, Alabama. It also alleges that the defendants used House Plan Zone marketing images and that a Newton and Wallace webpage advertisement for a plan it calls "2077" has the exact same square footage as Highland Court - BB-2077. It alleges that the defendants publicly claimed the plans as their own, including by marketing them with a title never used by House Plan Zone, and that House Plan Zone never authorized them to reproduce or distribute copies of the Plans, remove House Plan Zone copyright management information, or claim the plans as their own. It alleges that House Plan Zone sent a copyright infringement notice and demand letter to Newton and Wallace, Richard Newton, and Jamey Wallace on April 6, 2026, and a notice and demand letter to Terri Kelley Group and Terri Kelley on June 9, 2026, and that Kelley never responded.

Claim and relief

The complaint pleads a single cause of action, Copyright Infringement, and says the defendants' actions constitute copyright infringement under 17 U.S.C. § 501. It also alleges contributory and vicarious liability among the defendants. It alleges that the defendants' actions were negligent and/or willful. Under a heading for causation and damages, it seeks an accounting of gains, profits, and advantages; actual damages and profits attributable to the infringements under 17 U.S.C. § 504(b); alternatively, statutory damages under 17 U.S.C. § 504(c), including enhancement if the infringement is found to be willful; costs, pre-judgment and post-judgment interest, expert-witness fees, and attorney's fees; a preliminary and permanent injunction under 17 U.S.C. § 502; an order under 17 U.S.C. § 503(b) requiring destruction or other reasonable disposition of infringing copies of plans; and other relief. It demands a jury trial.