The Supreme Court of Denmark
The Danish Maritime and Commercial Court has previously delivered a judg-ment in this case on 15th April 2010.
The Court is set with five judges: Lene Kristensen Covenants, Marianne Højgaard Pedersen, Jens Peter Christensen, Michael Rekling and Jan Schans Christensen.
The appellant, Bestseller A/S, claims that all claims shall be dismissed.
The respondent, New Balance Athletic Shoe, Inc., claims affirmation, however so that Bestseller A/S must pay DKK 3,000,000 with interest from the start of the proceedings or, alternatively, that the Maritime and Commercial Court judgment is upheld in its entirety.
[Supplementary facts and depositions excluded]
The reasoning and result of the Supreme Court
By the reasons stated by the Maritime and Commercial Court, the Supreme Court affirms the decision.
Bestseller A/S shall in case costs for the Supreme Court pay DKK 256,161.00, of which the DKK 250,000.00 shall cover the lawyer expenses and DKK 6,161.00 shall cover the costs for witness compensation.
It is hereby decided as follows:
The judgment by the Maritime and Commercial court is affirmed.
Bestseller A/S shall pay DKK 256,161.00 in case costs to New Balance Ath-letic Shoe Inc. before the Supreme Court.
The awarded amount in case costs shall be paid within 14 days from the decision of this Supreme Court ruling with rates of interest according to the
Interest Act, art. 8a.