Ruling on compensation and damages in legal proceedings concerning copying of tableware

In 2004, potter Kasper Heie Würtz designed the Skjalm-P tableware and matching restaurant plates, all in earthen colours and by use of a special glazing technique creating a mottled glazing.  In 2016, F&H launched the so-called Bitz tableware in collaboration with Christian Bitz. The set was also designed in earthen colours and by use of mottled glazing. Christian Heie Würtz subsequently instituted legal proceedings against F&H and Christian Bitz, claiming infringement of his Skjalm P tableware. The infringement proceedings were conducted at the Eastern High Court as the court of last instance. Kasper Heie Würtz was successful in a number of claims concerning infringement of his rights to the Skjalm P tableware. Plesner previously published an Insight on the infringement proceedings.

The Maritime and Commercial High Court has now made a separate rule on compensation and damages. The ruling includes several interesting findings.

Kasper Heie Würtz was awarded DKK 6.4 million in reasonable compensation and damages for market disturbance.

The amount was based on F&H and Christian Bitz having sold just over 1.7 million pieces of the infringing products with a total turnover of approx. DKK 57 million.  The Maritime and Commercial High Court also emphasised that it was a matter of deliberate copying.

However, it is worth noting that Kasper Heie Würtz had filed a claim for payment of DKK 40 million and that the compensation awarded only amounted to 16% of the amount claimed. The court found that documentation had not been provided for a more significant loss/market disturbance.

Due to the gap between the amount claimed and the amount awarded, the Maritime and Commercial High Court found that Kasper Heie Würtz was the unsuccessful party when it came to the assessment of financial compensation. However, the Maritime and Commercial High Court considered, at the same time, Kasper Heie Würtz to be the successful party with respect to the infringement issue and with respect to a number of claims that he had violated the Criminal Code and the Marketing Practices Act due to remarks made (in terms of which the Court found in favour of Kasper Heie Würtz) and as a consequence awarded him partial legal costs.

Read the Maritime and Commercial High Court's ruling (in Danish)