Innovative Approach to Combat Far-Right Merchandise
In Germany, a country with stringent regulations against the display of Nazi symbols, a novel campaign named "Recht Gegen Rechts" (Rights Against the Right) has emerged to confront the trade of far-right extremist merchandise. This initiative leverages trademark law to disrupt the financial streams and propaganda efforts of extremist groups and individuals who utilize online platforms to sell coded merchandise.
The campaign, launched in 2021 by the German creative agency Jung von Matt in collaboration with the Hamburg-based nonprofit Laut Gegen Nazis (Noise against Nazis), addresses a growing trend where extremist sellers employ disguised language and symbols to circumvent existing laws. Given that many overt Nazi symbols are illegal in Germany, these sellers have increasingly resorted to using abbreviations and coded phrases, such as 'HTLR' for Hitler or 'HKNKRZ' for Hakenkreuz (swastika).
The core strategy involves registering these coded phrases, symbols, and even the names of far-right businesses as trademarks at the European trademark office. By doing so, the campaign gains legal authority to pursue infringement claims against retailers who continue to sell products bearing these newly protected terms without authorization. This legal recourse can include demands for compensation for each item sold, effectively rendering their business model untenable.
The Genesis and Impact of Trademarking Extremist Codes
Simon Knittel of Jung von Matt, one of the campaign's founders, highlighted the accessibility of these online shops. "These online shops are not in the darknet; they're existing there online. You have just to find the right URLs," he explained. However, for individuals outside the far-right ecosystem, locating these stores can be challenging due to their reliance on specific keywords and often international hosting.
The campaign benefited from the expertise of Joern Menge, founder of Laut Gegen Nazis, and Philip Schlaffer, a former neo-Nazi and online shop owner who is now an activist against far-right extremism. Schlaffer noted the global nature of this illicit trade, stating, "It's become a global business where a lot of money is changing hands." The team meticulously identified over 35 online stores, each offering more than 1,000 articles, to determine the most impactful trademarks to register.
Schlaffer views the campaign's approach as both creative and highly effective. He articulated its psychological impact: "Neo-Nazis shouldn't feel like they have a safe haven; they should be afraid that the ideas they have — the ones they're selling — might be taken away from them and that the products will need to be taken offline. That takes away their sense of security."
The immediate success of the campaign validated this strategy. Knittel recounted that after the first trademark registration was announced, it took merely 30 minutes for the associated merchandise to be removed from all targeted online shops. Subsequent registrations saw even faster responses, with items being taken offline within 10 minutes. This swift compliance indicated that sellers recognized the legal threat and opted to avoid potential court cases.
Germany's Stance on Extremist Symbolism and Creative Countermeasures
Germany's stringent laws concerning Nazi imagery are rooted in its historical commitment to prevent the resurgence of National Socialism. Section 86a of the German Criminal Code broadly prohibits the display or distribution of symbols associated with unconstitutional organizations, including the swastika, SS symbols, and the Nazi salute, with limited exceptions for educational or historical research purposes. Violations can lead to significant fines or imprisonment, underscoring Germany's firm stance against extremist symbolism.
Beyond merely preventing the sale of extremist items, "Recht Gegen Rechts" has innovatively transformed these neo-Nazi slogans into anti-fascist merchandise. A notable example involves the campaign securing the trademark and web domain of "Druck18," a prominent online seller of neo-Nazi goods operated by extremist Tommy Frenck. The original shop featured xenophobic and extremist messages, often appealing to Nazi nostalgia. "Recht Gegen Rechts" subsequently replaced it with its own online store, which now sells anti-Nazi and anti-racist products.
One such item available on the new Druck18 site is a sweatshirt bearing the crossed-out abbreviation 'HKN KRZ' (shorthand for swastika), accompanied by text explaining: "Thank you trademark law: We've registered this Nazi code as a trademark so Nazis can't spread it." This creative reappropriation addresses the legal requirement that new trademarks must be commercially used within five years. Knittel explained the challenge: "We had to find a way to make [these Nazi codes] commercially available without contributing to any Nazi scandal or anything like that. So, we turned them upside down and had them written on the shirts."
Challenges and Future Outlook
The campaign faces several challenges, including the complex and time-consuming process of trademark registration, which can take up to six months and cost approximately €1,600 ($1,823) per trademark. The initiative relies entirely on donations, with Jung von Matt contributing its services pro bono. Furthermore, team members have experienced harassment, including hate mail, and are actively seeking "name donors" since each trademark must be registered under an individual's name.
The campaign is also entangled in a legal dispute with Tommy Frenck, the original owner of Druck18, who unsuccessfully attempted to obtain a court order to prevent the campaign from using the shop's name. Despite these hurdles, and the fact that some extremist codes cannot be protected under trademark law, Knittel emphasizes the broader objective: "But in the end, the goal was to create awareness that these codes exist," both among the public and within political discourse. Through its ongoing efforts, "Recht Gegen Rechts" is steadily achieving this goal, one trademark at a time.
Source: Fashion against fascism: When trademarks deter neo-Nazis
