Banksy Fights To Stop Others From Stealing His Name, Taking Protection To Court
Photo 162425470 © Marta Maleszewska | Dreamstime.com
That’s his name; don’t wear it out.
Banksy might be no stranger to making artistic statements, but this time, the battle is taking place in court instead of on city walls. The elusive street artist is fighting to retain control over his own name after greeting card company Full Colour Black challenged his trademark.
The company, which sells cards featuring Banksy’s artwork, claims he has not adequately used the trademark, arguing that it should be deemed “non-use” and therefore be invalidated.
Andrew Gallagher, the businessman behind Full Colour Black, asserts that Banksy’s lack of consistent commercial activity means his name should no longer be protected as a trademark.
The longstanding legal riff-raff has escalated to the point where, for the first time, a representative from Banksy’s team will be required to testify before a tribunal at the UK Intellectual Property Office this April. The case begs the question about how an anonymous artist can assert intellectual property rights while maintaining secrecy.
Banksy’s legal team is countering Gallagher’s claims by pointing to previous merchandise sales, including a 2019 pop-up shop, Gross Domestic Product, in Croydon. The store featured various branded items, such as mugs, clocks, cushions, and the stab-proof vest worn by Stormzy at Glastonbury.
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Banksy’s authentication service, Pest Control Office, also states that it has sold official Banksy products, which suggests that the artist has indeed used his name commercially.
Although the street artist is known for his past criticisms of commercialism, his team maintains that this does not mean is work is free for unauthorized reproduction. They argue that allowing Full Colour Black to take ownership of the name would enable fraud and misrepresentation of the artist’s work.
This is a curious development for intellectual property law, not only because of Banksy’s international repute and million-dollar works but also because he is known for being, well, famously anonymous. The hearing could mark the first time that a Banksy representative will be forced to publicly defend his name under legal scrutiny. However, as one source put it, even if Banksy is “in court,” no one will know who he is.
[via Metro.co.uk, The Irish Sun, Daily Mail, cover photo 162425470 © Marta Maleszewska | Dreamstime.com]
