UKLFI has written to attorneys acting for the Anne Frank Foundation (Anne Frank Stichting) about Roger Waters’ abuse of the trade mark “Anne Frank” at a concert in Berlin last week, inviting them to take legal action against Roger Waters and others responsible for this conduct. Waters used the name Anne Frank to defame Israel by comparing Shireen Abu Akleh with Anne Frank, as shown in photographs posted on Twitter.
Shireen Abu Akleh was an American journalist of Palestinian Arab extraction who was killed in the course of an Israeli military operation in Jenin last year. The Israeli Defence Forces (IDF) have accepted that there is a high possibility that an Israeli soldier fired the bullet that killed her, but deny any intention to kill a non-combatant journalist. Roger Waters’ display was evidently intended to suggest that Abu Akleh, like Anne Frank, was murdered by evil fascists, and that the IDF are like the Nazis (a typical example of antisemitism according to the IHRA definition).
The concert was part of a tour in which the same displays are likely to be used. Further concerts are planned in Frankfurt on 28 May, Birmingham on 31 May, Glasgow on 2 and 3 June, London on 6 and 7 June, Manchester on 10 June, and various cities in Latin America in October and November 2023: https://rogerwaters.com/tour/
UKLFI’s chief executive Jonathan Turner has pointed out that Anne Frank Stichting registered “Anne Frank” as a trademark inter alia in Class 41 for entertainment services in various jurisdictions. Roger Waters’ abuse of the mark seems liable to harm its functions and without due cause to take unfair advantage of its distinctive character and repute and/or to be detrimental to the distinctive character or repute, thereby infringing the rights of the Anne Frank Stichting.
There might also be infringement of personality rights inherited by Anne Frank Stichting in some jurisdictions.
Jonathan Turner commented: “Anne Frank Stichting and its lawyers might consider whether to protect its mark and other rights by threatening and, if necessary, bringing legal proceedings against Roger Waters and/or those organising or hosting his concerts.”