NationStates Jolt Archive


Neo-Nazi Brand faces Lawsuit from Norway

Laerod
14-02-2008, 20:13
There's a clothing brand in Germany named Thor Steinar (http://en.wikipedia.org/wiki/Thor_Steinar) whose target group consists pretty much entirely of neo-nazis. Norway has expressed its displeasure (http://www.aftenposten.no/english/local/article1556465.ece) that the Norwegian flag is being used on the brand's clothing, and now has sued the company for illegal use of National Insignia, which is illegal in Germany. Unfortunately, I have no English source for this most recent step, but here's the German one (http://www.tagesschau.de/inland/thorsteinar4.html).

Thoughts on the issue?
Redwulf
14-02-2008, 20:18
There's a clothing brand in Germany named Thor Steinar (http://en.wikipedia.org/wiki/Thor_Steinar) whose target group consists pretty much entirely of neo-nazis. Norway has expressed its displeasure (http://www.aftenposten.no/english/local/article1556465.ece) that the Norwegian flag is being used on the brand's clothing, and now has sued the company for illegal use of National Insignia, which is illegal in Germany. Unfortunately, I have no English source for this most recent step, but here's the German one (http://www.tagesschau.de/inland/thorsteinar4.html).

Thoughts on the issue?

Norway needs to get out of the issue. Besides, clothing that lets you know you're dealing with an asshole right up front is a good thing.
Whereyouthinkyougoing
14-02-2008, 20:23
They were going to open a store here in Berlin, smack in the über-hip part of Mitte district, of all places. It got quite some press because of course the neighbours really didn't want them there and under the pressure the real estate group owning the building in question finally cancelled the lease just the other day - before the store was ever even opened. Good riddance, too.
Gravlen
14-02-2008, 20:31
I would have to support the Kingdom here...
Tmutarakhan
14-02-2008, 20:32
This is no different from a commercial enterprise, McDonald's say, objecting to unauthorized use of its trademark, particularly for a cause it has no wish to be associated with.
Kamsaki-Myu
14-02-2008, 20:35
Thoughts on the issue?
I don't normally mind infringement of trademark, but I think there's a defamation aspect to this too, so I'll say "Go Norway Go!" and leave it at that. :D
Laerod
14-02-2008, 20:37
This is no different from a commercial enterprise, McDonald's say, objecting to unauthorized use of its trademark, particularly for a cause it has no wish to be associated with.

I don't normally mind infringement of trademark, but I think there's a defamation aspect to this too, so I'll say "Go Norway Go!" and leave it at that. :D

Well, it's not really a trademark in that sense. It's a national symbol, so I don't think it can be afforded the same restrictive privileges that go with a trademark symbol. But of course, if you're making money with it, the country's representatives have the right to prevent that.
Rakysh
14-02-2008, 20:46
heh, their sites explanation of the trademark makes me laugh. From what I can gather, they just took two random runes and stuck them together, only realising that they look like a swastika after tha various lawsuits.

*watches pig fly past*
Fassitude
14-02-2008, 20:49
But of course, if you're making money with it, the country's representatives have the right to prevent that.

I very much doubt that, as national flags are usually within public domain, especially those as old as the Dannebrog-based ones.
Laerod
14-02-2008, 20:51
I very much doubt that, as national flags are usually within public domain, especially those as old as the Dannebrog-based ones.That's how I feel. That they have a right to prevent it in Germany is rather undisputable.
Fassitude
14-02-2008, 20:56
That's how I feel. That they have a right to prevent it in Germany is rather undisputable.

Well, I can see how the flag of one's nation can be protected within the nation, for instance Swedish law states: "in commercial activities, the coats of arms, the flag or other official insignia of Sweden may not be used in a trademark or other insignias for products or services without proper authorisation. This includes any mark or text referring to the Swedish government which thus can give the commercial mark a sign of official endorsement. This includes municipal coats of arms which are registered." However, for this to apply abroad is a bit silly, but if Germany protects other countries' insignias as its own, well that's up to Germany and isn't really different from protecting their own from commercial activities.
Trollgaard
14-02-2008, 21:37
Those didn't look bad to me...
Tmutarakhan
15-02-2008, 02:49
Well, it's not really a trademark in that sense. It's a national symbol, so I don't think it can be afforded the same restrictive privileges that go with a trademark symbol. But of course, if you're making money with it, the country's representatives have the right to prevent that.
Better expressed. Yes, it's not a "trademark" in a legal sense, but when used by a money-making enterprise it gets a bit blurry. I can understand Norway's objection here.
Mirkana
15-02-2008, 04:22
You know, since Norway is a monarchy, isn't the flag ultimately a trademark of the royal family?

In that case, I demand that the lawsuit name King Harald as the plaintiff.
Laerod
15-02-2008, 11:30
Better expressed. Yes, it's not a "trademark" in a legal sense, but when used by a money-making enterprise it gets a bit blurry. I can understand Norway's objection here.The cardboard boxes from the Brasserie that I get my pizzas in have Italian flags printed on them. Essentially, the difference is the message the flag sends. I'm sure if the Italian government suddenly wanted to eradicate the stereotype that Italy makes good pizza, they could do something similar.

You know, since Norway is a monarchy, isn't the flag ultimately a trademark of the royal family?

In that case, I demand that the lawsuit name King Harald as the plaintiff.What about republics?
Andaras
15-02-2008, 11:45
The cardboard boxes from the Brasserie that I get my pizzas in have Italian flags printed on them. Essentially, the difference is the message the flag sends. I'm sure if the Italian government suddenly wanted to eradicate the stereotype that Italy makes good pizza, they could do something similar.

What about republics?

The People v Thor Steinar?
Yootopia
15-02-2008, 12:43
The Norwegians raise a decent point. They don't want their flag, that of a democratic nation, mixed up with right-wing extremism. Fair enough.