Fashion against fascism: How trademarks combat neo-Nazi merchandise in Germany

The campaign "Recht Gegen Rechts" (Rights Against the Right) has taken a bold stand against neo-Nazi merchandise in Germany. Launched in 2021 by the creative agency Jung von Matt and the nonprofit Laut Gegen Nazis, the initiative aims to disrupt the sale of far-right products by registering their coded symbols as trademarks.

Combating far-right merchandise through trademark registration

In Germany, far-right groups have exploited legal loopholes to sell merchandise with coded symbols, as openly Nazi imagery is illegal. For example, Hitler is abbreviated to HTLR, and the swastika to HKNKRZ. The campaign counteracts this by registering these symbols, which allows for legal action against unauthorized use. If these online shops sell products with newly protected phrases, they risk copyright infringement lawsuits, including compensation for each item sold.

Simon Knittel from Jung von Matt explained, "These online shops are not in the darknet; they're existing there online. You have just to find the right URLs." The campaign has identified over 35 online stores selling more than 1,000 items each, allowing them to craft effective trademark strategies.

The impact of trademark registration on neo-Nazi retailers

The campaign's approach has proven remarkably effective. After the first trademark was secured, online retailers quickly removed products featuring the registered symbols. Knittel noted, "When we published our initial press release announcing that we had registered a trademark, it only took about 30 minutes, and the trademark was taken down by all the online shops." This rapid response illustrates the campaign's success in instilling fear in far-right sellers.

Philip Schlaffer, a former neo-Nazi turned activist involved in the campaign, emphasized the importance of making neo-Nazis feel insecure. He stated, "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." As more trademarks are registered, the campaign has seen the time it takes for shops to remove items decrease to just 10 minutes.

Transforming neo-Nazi slogans into anti-fascist merchandise

The campaign has also creatively repurposed neo-Nazi slogans into anti-racist merchandise. One notable example is the trademarking of Druck18, a major neo-Nazi online shop. The campaign replaced it with their own store selling anti-Nazi apparel. For instance, a sweatshirt featuring the coded swastika phrase HKN KRZ is crossed out with the message: "Thank you trademark law: We've registered this Nazi code as a trademark so Nazis can't spread it."

As the campaign continues, it faces challenges such as the lengthy trademark registration process, which can take up to six months and cost €1,600 ($1,823). Despite these hurdles, the campaign remains committed to its mission, relying entirely on donations for funding.