Case: Compensation and damages at the amount of 27,000 euro for copyright infringement

The retail chain F imported and sold washing-up brushes, feeding bowls for dogs and shoehorns which resembled the copyright holder S’ products. In the Maritime and Commercial Court, the injunction was upheld and compensation and damages was calculated to 40,000 Euro. F appealed for a lowering of the amount, but did not contest the copyright infringement. The Supreme Court reasoned that S had had low sales prior to the infringement and compensation should be calculated accordingly. However, F had damaged S’ sales prospects significantly. The Supreme Court thus lowered the amount to 27,000 Euro.

The ruling was made public (in Danish) in Ugeskrift for Retsvæsen 2009 s. 1789. 


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