LA Gear Inc v Hi-Tec Sports plc [1992] FSR 121

• Claimant made a shoe.

• Defendant began to sell a prototype shoe which Claimant alleged was an infringing copy of Claimant’s shoe. Claimant sent letter to Defendant enclosing a picture of Claimant’s shoe, asking Defendant to refrain from selling shoe.

• Defendant refused and advertised its shoes for sale; Claimant sued for secondary liability.

Held

• Defendant’s shoe was an infringing copy of Claimant’s shoe.

• Moreover, as Defendant had received design drawings, was obvious Defendant had reason to believe shoe it was selling was breach of copyright.

• Thus Defendant was liable for dealing in infringing copies.