The hashtag #WirSindMore than thousands of Facebook profiles have been around for over a year. This shows users that they stand against right-wing violence and oppression. Now a brand of the same name has been registered. What changes legally?
“Human blood is all one color.” Or to German: “The blood of all people has the same color.” Benjamin Hartmann has pursued this idea for almost five years. The first sentence stands as a leitmotif for his own brand Human Blood.
Since 2014, the founder has used this name to sell a wide range of garments with a clear signal: racism, hatred and discrimination have no place in our society.
Founder logs #WirSindMore than Brand
Now Hartmann emphasizes his message even more clearly. As? By registering the brand #WirSindMore than May in the German Trademark and Patent Office (DPMA) as a word mark.
In a blog post, the founder explains his intention more clearly:
By registering the brand, among other things in the field of events, but also textiles and advertising to prevent right-wing radicals, Nazis or members of the open racist party “Alternative for Germany” (AfD) uses the slogan for themselves. In the past harmless slogans of the AfD have been exploited (eg Pepsi Cola), which we would like to avoid and stop in this case.
Hartmann and his company are currently planning neither concrete events nor their own clothes with the slogan. But you write that you are ready to grant usage licenses. The resulting money is to flow to non-governmental organizations (NGOs) of the rescue team.
What are the legal consequences for Facebook users, protesters and Co.?
First of all, no. The reason is simple. In the first step, the DPMA must accept the application and allow the registration of the trademark.
In the next step, the business use of the word mark #WirSindMore would threaten legal consequences without the permission of the rights holder. This explains lawyer Christian Solmecke in a post.
The decisive factor is then the question for which areas the trademark has been registered by the DPMA. According to the application, these are classes 24 (textiles), 16 (paper, printed matter and photographs) and 35 (advertising and management).
Anyone who holds a poster with the hashtag #WirSindMore in the air or who adorns their Facebook profile with the corresponding filter, as a private person has nothing to fear. Who wants to print the slogan on T-shirts, does not come without permission.
By the way, according to Benjamin Hartmann, the organizers of the free concert in September 2018 are exceptions. They had been invited to Chemnitz under the motto “We are more” in order to set a common example against racism and discrimination.
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About the author
Christian Erxleben has been Editor-in-Chief of BASIC thinking since the end of 2017. Previously, he worked as Head of Social Media and Head of Social Media at BASIC thinking. His way to BASIC thinking was via the Nrnberger Nachrichten, Focus Online and the INTERNET WORLD Business. Professionally and privately he loves and lives social media.