Internationally renowned graffiti artist Banksy has lost a legal bid to trade mark one of his works after refusing to reveal his identity, it has been reported.
Commenting on the decision, intellectual property experts said the ruling could have wider consequences for his other works and artists like him who wish to remain anonymous.
The ruling comes two years after Full Colour Black, a Yorkshire-based greetings card company, started an invalidity action intended to cancel an EU trade mark based on Banksy’s “Flower Thrower” mural, first showcased on the walls of the West Bank in Jerusalem.
In response, the elusive street artist opened his own hardware store in Croydon, announcing that “a greetings card company is contesting the trade mark I hold to my art and attempting to take custody of my name so they can sell their fake Banksy merchandise legally.”
At the time, the artist, who previously claimed that “copyright was for losers”, said the sole purpose of the application was to “fulfil his trademark obligations” and that his work would remain freely accessible.
But Banksy’s failure to reveal his true identity, which has been kept a closely-guarded secret for more than two decades, has inhibited his ability to own the copyright to his globally recognised designs.
In the latest decision, judges presiding over the European Union Intellectual Property Court said the artist could not claim an EU trade mark for the “Flower Thrower” design because “he cannot be identified as the unquestionable owner of such works as his identity is hidden”.
“Banksy has chosen to remain anonymous and for the most part to paint graffiti on other people’s property without their permission rather than to paint it on canvases or his own property,” they said.
“He has also chosen to be very vocal regarding his disdain for intellectual property rights.
“It must be pointed out that another factor worthy of consideration is that he cannot be identified as the unquestionable owner of such works as his identity is hidden; it further cannot be established without question that the artist holds any copyrights to graffiti.”
Do you need intellectual property support? For help and advice, please get in touch with our expert team today.