C made a shoe. D began to sell a prototype shoe which C alleged was an infringing copy of C’s shoe. C sent letter to D enclosing a picture of C’s shoe, asking D to refrain from selling shoe. D refused and advertised its shoes for sale; C sued for secondary liability. Held:
· D’s shoe was an infringing copy of C’s shoe.
· Moreover, as D had received design drawings, was obvious D had reason to believe shoe it was selling was breach of copyright.
· Thus D was liable for dealing in infringing copies.