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.
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.
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Intellectual Property Law | Copyright Infringement Notes (12 pages) |