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

Country:
United Kingdom
  • 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.

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