Throw your pig out! : a fight and a mark
The expression Swing your pig, created by Sandra Muller on October 13, 2017, has its source in the Weinstein affair. The aim is to combat sexual harassment. However, a trademark registration has been filed with the INPI for a completely different purpose.
This fall, Sandra Muller, a journalist, is tweeting « 1TP3Porc balance !! you too tell by giving the name and details of a sexual harassment you experienced in your job. I'll be waiting for you. » It thus echoes the denunciations that have erupted around film producer Harvey Weinstein, known as "the pig" in Cannes. Twitter is on fire, but also Facebook. Many people are taking over Swing your pig and the associated hashtag for reporting sexual assault.
However, one of them takes more than the others. Heloise Nahmani registered the French trademark on November 3, 2017. Throw your pig out! The sign designates a very wide (and heterogeneous) range of products and services, including detergents, lubricants, printing products, bags, clothing, toys, conference organization services and domain name rentals. In short, a goose with golden eggs. Sandra Muller initiates an action through her lawyer to prevent the registration of such a trademark. Her aim is to protect the spirit of the movement.
Throw your pig out! trademarked
Last November, Throw your pig out! becomes a French trademark registration. Heloise Nahmani is the owner. Interviewed by Franceinfo, she then explains that she wants to « avoid that it falls into the wrong hands" and "make a newspaper or something that makes it Swing your pig a little more conspicuous. » These remarks are disconcerting in view of the goods and services covered by the trademark, which were probably chosen in order to "lock" the name as much as possible.
Sandra Muller defends her expression "Swing your pig".
The reporter then acts to recover the mark Throw your pig out! Indeed, it wishes to retain this expression. Its aim is also to protect the spirit of the movement. Moreover, with her association We Work Safe, she fights against sexual violence by defending women victims. There is therefore no commercial aim under this expression.
Following the steps taken by Sandra Muller and exchanges concerning the transfer of the trademark, Héloïse Nahmani withdrew her application on March 22, 2018. In addition, We Work Safe, the association created by Sandra Muller, announced that it had registered a trademark. However, the trademark "#balancetonporc" was indeed registered on March 23, 2018, in the name of ... Sandra Muller, and not of the association. This trademark is again aimed at products such as publications, bags, clothing ... The future will tell us what use is made of it.
Beyond the INPI...
Sandra Muller also points out the existence of a Facebook page highlighting hashtag #balancetonporc. She considers that the directors do not respect the spirit of Libra ton porc, as they are asking that the alleged aggressors not be named. She therefore disagrees with them. According to Thaïs Boukella, vice-president of We Work Safe, "The appointment paves the way for the defence for the persons concerned, who can wear defamation suit. »
Domain names balancetonporc.fr and balancetonporc.com are also a problem for Sandra Muller. She regrets that these sites broadcast anonymous testimonies. However, with a trademark registration subsequent to the first use of these domain names, it is unlikely that she has any means of action against these sites.
The question of the protection of hashtags by trademark law comes up against the very nature of these expressions, which are made to be used massively on the Internet to refer to the same subject. It should be recalled that the registration of a trademark makes it possible to obtain an operating monopoly on a name or phrase, and that its everyday use in everyday language may result in its degeneration. Such a brand is therefore very difficult to defend, which removes much of its interest. Therefore, before registering a hashtag, it is better to get close to a Industrial Property Attorneyand determine with him the most effective protection strategy.