Since 2012 Dansk Supermarked, the retail giant that owns Netto supermarkets in Denmark, has been trying to get Jan Jacobsen, the owner of Sexnetto, an erotic boutique in Sønderborg, to change his company's name. The retailer began proceedings to force Jacobsen to change the name of his shop.
This week, Domæneklagenævnet, the domain appeals board, ruled that Netto doesn’t have a leg to stand on and said that Jacobsen is not infringing on Netto’s name.
“I'm happy about the decision,” Jacobsen told DR Nyheder. “It is important that we keep our name so our customers can find us.”
Courgette versus dildo
The appeals board ruled that netto is a common Danish word that indicates a low cost product, and that, possible confusion of certain vegetables with sex toys notwithstanding, the products carried by the businesses were different enough that the customers of either were not likely to confuse the two.
Dansk Supermarked is considering whether to appeal the case and declined to comment.
“For us, the case is closed,” said Jacobsen. “I hope they decide to close it as well so I don't have to spend any more time, effort and money on this.”
Jacobsen estimated that he has so far spent 150,000 kroner in the fight to keep the name of his shop. He said that he “doubted” that Dansk Supermarked would give up the fight.