Fashion against fascism: When trademarks deter neo-Nazis

A growing trend in Germany has seen far-right extremists using coded language and alternative symbols to circumvent laws banning overtly Nazi imagery. These tactics have allowed neo-Nazi groups and individuals to profit from selling merchandise that subtly references extremist ideologies. In response, a unique strategy has emerged—leveraging intellectual property rights to disrupt the sale of such items. The campaign known as "Recht Gegen Rechts" (Rights Against the Right) began in 2021, initiated by the German creative agency Jung von Matt alongside the Hamburg-based nonprofit Laut Gegen Nazis (Noise against Nazis). Their goal was to register trademarks related to far-right symbols, coded phrases, and the names of extremist businesses. By doing so, they aimed to create legal barriers that would force online retailers to cease using these terms and symbols without authorization. This initiative has proven remarkably effective. Once certain trademarks were registered, online shops that previously sold items featuring these symbols or phrases quickly removed them from their inventories. According to Simon Knittel of Jung von Matt, who played a role in launching the campaign, the impact was immediate. Within 30 minutes of announcing the registration of a trademark, all relevant online stores voluntarily took down the infringing content. There was no need for legal confrontation, as the threat of potential litigation was enough to prompt compliance. The campaign’s success lies in its strategic selection of trademarks. The team identified over 35 online stores, each offering more than 1,000 products. Through careful analysis, they chose the most impactful terms and symbols to register. Philip Schlaffer, a former neo-Nazi turned activist, emphasized how this approach undermines the sense of security that extremist groups rely upon. He noted that the idea behind the campaign was to make neo-Nazis aware that their ideological expressions could be challenged legally, potentially leading to the removal of their products from the market. The effectiveness of this method became evident when subsequent trademarks were registered. Each time, the response from online retailers was swift. As Knittel pointed out, the time between trademark registration and product removal decreased significantly—from 30 minutes initially to just 10 minutes later. This demonstrated the campaign's ability to consistently disrupt the sales of far-right merchandise. Germany’s stringent stance on Nazi symbols is rooted in its historical experience with National Socialism. Under Section 86a of the German Criminal Code, the display or distribution of symbols linked to unconstitutional organizations is generally prohibited. This includes the swastika, SS insignia, and the Nazi salute, though exceptions exist for educational purposes, research, and historical documentation. Violating these regulations can lead to fines or imprisonment, reflecting the nation’s commitment to preventing the resurgence of extremist ideologies. The campaign has also benefited from insights provided by individuals with firsthand knowledge of the far-right scene. Joern Menge, founder of Laut Gegen Nazis, and Philip Schlaffer, who once operated a neo-Nazi online store before becoming an anti-extremist advocate, contributed valuable expertise. Schlaffer highlighted that many of these shops operate internationally, making enforcement more complex but also underscoring the global nature of the issue. As the campaign continues, it remains focused on identifying new symbols and phrases used by extremist groups. The team regularly monitors online platforms to detect emerging trends in coded language and alternative symbols. This proactive approach ensures that the legal protections remain up-to-date and effective against evolving strategies employed by far-right actors. Looking ahead, the campaign aims to expand its reach beyond Germany. While the current focus is on domestic operations, there is recognition that similar tactics could be applied elsewhere to challenge the spread of extremist content globally. The success of "Recht Gegen Rechts" offers a novel yet practical solution to a persistent problem, demonstrating how legal mechanisms can be harnessed to counteract the influence of far-right ideologies in the digital age.