The Borgarting Court of Appeal has ruled in favour of Jøtul’s claim that Nordpeis consciously based its Trio 1, 2 and 3 series closely on Jøtul’s F 370-series. The Court has held that Jøtul’s efforts in designing the F370-series undoubtedly enjoy legal protection, and that these efforts have been exploited by Nordpeis in a disloyal and grossly negligent manner in order to achieve an economic advantage.
Nordpeis has therefore been held in violation of the provision in the Marketing Act outlawing practices in the course of trade which conflicts with good business practice among traders.
The Court of Appeal has upheld the Drammen Court of First Instance’s ban on production, marketing and sales of the Trio series. Nordpeis has been ordered to withdraw the stoves from its dealers.
Furthermore, the Court has awarded Jøtul with damages (MNOK 6.5) damages that to a large extent reflect the actual economic losses suffered by Jøtul as a result of Norpeis’ breach. Jøtul has also been awarded full litigation costs.