2020/11 > Irreconcilable Differences Between Art According to Banksy and the Dictates of IP Law
Banksy, the world famous British street artist with ten million followers, has recently experienced a bitter disappointment: the EUIPO (the European Union Intellectual Property Office) at the request of the company Full Colour Black limited cancelled the trademark “The Flower Thrower” on 14 septembre 2020 (1).
“Rage, the Flower Thrower” is one of the artist’s most emblematic works, which appeared on a car wash on the main road of Beit Sahour, a Palestinian city close to Bethlehem in 2005. This work has been widely exploited by third parties through decorative objects or posters.
Legal protection under a skilfully orchestrated anonymity
A copyright protection impossible to implement
A registered trade mark…
It was therefore up to Pest Control Office Limited to prove that the trade mark had not been registered for the sole purpose of preventing use by third parties and to circumvent copyright issues.
… finally exploited …, but in a belated and questionable way..