Contractormag 2832 Lawsuit
Contractormag 2832 Lawsuit
Contractormag 2832 Lawsuit
Contractormag 2832 Lawsuit
Contractormag 2832 Lawsuit

ICC sues IAPMO, claim copyright infringement

Jan. 15, 2016
According to the complaint, IAPMO reproduced substantial portions of ICC-ES’ copyrighted materials and incorporated them into competing products News of the lawsuit is unsurprising, said a consultant who requested anonymity because he has business dealings with both organizations The consultant noted that both model code groups have poached staff from each other over the years

WASHINGTON — The International Code Council Evaluation Service LLC has sued the International Association of Plumbing & Mechanical Officials Uniform Evaluation Service, claiming that IAPMO UES has copied its evaluation reports and acceptance criteria. IAPMO has denied the claim and said it expects to prevail.

In a statement, ICC ES said, “The lawsuit alleges that over the last several years, IAPMO has extensively and repeatedly copied ICC-ES’ copyrighted evaluation reports and acceptance criteria that thousands of designers, manufacturers, and building safety and fire prevention professionals rely on to ensure the highest standards of construction safety across the United States.”

According to the complaint, IAPMO reproduced substantial portions of ICC-ES’ copyrighted materials and incorporated them into competing products under the IAPMO name, the ICC statement said. The lawsuit seeks an injunction to force IAPMO to stop its unauthorized copying of ICC-ES’ materials, and to immediately discontinue promotion and distribution of IAPMO’s imitative products.

IAPMO UES said it stands by its process, reports, and its “rightful position in the marketplace.”

Reacting to news of the lawsuit, IAPMO CEO GP “Russ” Chaney said, “In October of last year, ICC approached The IAPMO Group with concerns that there were similarities in the wording between our Uniform Evaluation Reports and those of ICC. Although we believed then, as we do now, that ICC's claims were without legal merit, IAPMO made significant efforts in the intervening months to placate

ICC's demands, including amending the process by which we create reports and reissuing some reports in a manner that we expected would fully address ICC's concerns. Within the lawsuit, ICC contends that a minimal number of evaluation reports posted to the IAPMO website are infringing; which IAPMO emphatically denies.

“Notwithstanding our efforts over the last several months to address ICC's concerns, Chaney continued, “we were disappointed to learn that ICC has recently filed a lawsuit and has embarked on an acrimonious and inflammatory public relations campaign directed against IAPMO. While we believe that our legal position will ultimately be vindicated in court, the larger point is our right to operate our service in the same marketplace.”

News of the lawsuit is unsurprising, said a consultant who requested anonymity because he has business dealings with both organizations.

“I think it was probably a matter of time until one or the other organization filed suit, either because one infringed too far, or one believed that the other did,” the consultant told CONTRACTOR. “The codes, standards and listing industry is a very incestuous business.”

The consultant noted that both model code groups have poached staff from each other over the years and that the same consulting engineers, association execs, city inspectors and labor representatives attend committee meetings for both bodies.

Code Council Board of Directors President Alex Olszowy III said, "Having exhausted all other avenues, we are now prepared to let the courts resolve this matter.” Olszowy is with the Lexington Fayette Urban County Government in Lexington, Ky. "We have expressed our concerns about this issue directly to IAPMO leadership on numerous occasions, but their efforts to date have been unsatisfactory and we have concluded that IAPMO continues to infringe copyrighted ICC-ES materials."

IAPMO’s Chaney is optimistic. “We are confident that our actions will be fully vindicated in the context of ICC's recent lawsuit,” he said. “We are equally confident that our customers, clients, and the public at large will recognize and understand that ICC’s recent actions against IAPMO are simply the latest episode in an ongoing campaign to promote the business interests of ICC ES and to undermine public confidence in IAPMO UES’s accredited building product listing program.”

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