LONDON: Banksy, the world’s most elusive artist, is swapping spray cans for legal briefs as he fights to keep control of his own name which is not trademark. A UK tribunal this April will hear arguments over whether his trademark should be cancelled—because, according to a greeting card company, he doesn’t use it enough.
The dispute began when Full Colour Black, a company that sells greeting cards featuring Banksy’s art, challenged his trademark. They argue that since Banksy isn’t consistently selling products under his name, the trademark should be scrapped, allowing them to continue using it without legal issues.
Andrew Gallagher, the businessman behind Full Colour Black, insists Banksy’s lack of commercial activity makes the trademark invalid. But Banksy’s legal team isn’t having it. They point to past sales, including his 2019 pop-up shop, Gross Domestic Product, in Croydon, where Banksy-branded items—like mugs, cushions, and even Stormzy’s famous stab-proof Glastonbury vest—were up for grabs.
His authentication service, Pest Control Office, has also sold official Banksy merchandise, proving, they say, that the artist does use his name commercially.
While Banksy has long criticised consumerism, his team argues that doesn’t mean his name is up for grabs. Letting Full Colour Black claim it, they say, could open the door to fraud and misrepresentation.
The case raises an unusual legal dilemma—how does an anonymous artist enforce intellectual property rights? With Banksy refusing to reveal his identity, this could be the first time a representative speaks on his behalf in a legal setting.
Yet, as one source cheekily put it: “Even if Banksy is in court, no one will know who he is.”
-Agencies
