Activists in Germany use trademark registrations to fight coded far-right merchandise, creating legal barriers for extremist retailers.
Trademark Tactics to Counteract Extremism
In Germany, activists are ingeniously harnessing trademark laws to combat the proliferation of far-right merchandise. This effort stems from a dire reality: in a country where Nazi symbols are explicitly illegal, extremist retailers have turned to coded language to promote their agenda. Familiar terms like “Hitler” are creatively transformed into abbreviations like "HTLR," while “Hakenkreuz” (the swastika) becomes merely “HKNKRZ.” This deceptive tactic allows them to sidestep legal restrictions while still targeting sympathetic audiences.
The initiative dubbed “Recht Gegen Rechts” (Rights Against the Right) is pioneering a counter-strategy by registering these coded phrases and symbols as trademarks with the European trademark office. Spearheaded by the creative agency Jung von Matt in collaboration with Laut Gegen Nazis, the campaign has rapidly gained traction since its inception in 2021. By transforming these terms into legally protected trademarks, the campaign creates substantial hurdles for far-right retailers.
The stakes are significant: if these retailers inadvertently infringe on a trademark by using a protected name or phrase, they could face steep legal repercussions, including financial penalties for each infringement. Simon Knittel from Jung von Matt highlights that much of this merchandise is out in the open, simply waiting to be identified and countered. “These online shops are not in the darknet… You just have to find the right URLs,” he asserted, acknowledging the need for targeted search techniques to uncover these stores, many of which have relocated abroad to evade scrutiny.
According to their findings, activists have identified over 35 online stores, each boasting upwards of 1,000 items linked to extremist ideologies. Philip Schlaffer, a former member of the far-right who has since turned activist, emphasizes the campaign’s cleverness and necessity. “Neo-Nazis shouldn’t feel safe; they should fear that the ideas they peddle could be rejected and taken offline,” he states. The campaign has already seen swift results: following their initial trademark registration announcement, many online shops voluntarily removed infringing content within minutes—an impressive testament to the legal legitimacy of their approach.
The Legal Context of Nazi Imagery
Germany's commitment to eradicating Nazi ideology remains unwavering, as evidenced by stringent laws prohibiting the display of Nazi symbols. Under Section 86a of the German Criminal Code, promoting symbols associated with unconstitutional organizations is a criminal offense, punishable by fines and even imprisonment. As one of the toughest stances against extremist symbolism globally, these legal frameworks aim to thwart the resurgence of National Socialism.
Transforming Hate into Humor
In an inventive twist, the "Rights Against the Right" campaign is flipping nefarious slogans on their heads, creating anti-fascist merchandise that blurs the lines of offensive rhetoric while still using trademarked terms. They took control of the domain of a major neo-Nazi shop, Druck18, which sold apparel steeped in hate. The group turned this platform into a vehicle for awareness, selling products that mock the very ideologies they are fighting against.
Their revamped shop now offers items like a sweatshirt emblazoned with “HKN KRZ”—the abbreviated form of the swastika—crossed out with the slogan: “Thank you trademark law: We’ve registered this Nazi code as a trademark so Nazis can’t spread it.” This clever repurposing blends activism with commerce while adhering to trademark regulations.
To ensure these trademarks are actively used, which is a requirement for maintaining them, the campaign is consistently exploring new avenues for merchandise that pivots away from glorifying hate but simultaneously capitalizes on the pre-existing coded language of extremism. Knittel notes, “We had to find a way to make these Nazi codes available commercially without contributing to any Nazi narrative.”
Challenges in Trademark Registration
While the initiative has successfully secured six trademarks, the process is far from straightforward. Registering a trademark can take up to six months and cost around €1,600, all funded by donations since Jung von Matt operates entirely pro bono. They face additional hurdles, including harassment from various sources as they strive to bring these ideas to light.
The campaign has also contended with legal battles, such as the lawsuit from Tommy Frenck, the original owner of Druck18, who unsuccessfully sought to prevent the use of his shop's name. However, not all neo-Nazi codes fall within the protection of trademark law, leaving certain phrases vulnerable and unprotected. Nonetheless, the campaign's overarching success lies in its ability to raise awareness about these coded messages, illuminating a space that often remains hidden from mainstream discourse—one trademark at a time.
