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“There was no intention to genuinely use the as a trademark,” the court found. At least, not until October 2019 when he announced a Banksy pop-up shop in Croydon called Gross Domestic Product – which is now an online store.īut, unfortunately, the artist himself reportedly admitted he had “been making stuff for the sole purpose of fulfilling trademark categories under EU law”.īy his own words, the court said, he had started selling merchandise “to circumvent the law”, and “these actions are inconsistent with honest practices”. The court found Banksy had applied in bad faith because he had “never actually marketed or sold any goods or services under the contested “. The artist’s “anti-establishment viewpoint does not prevent from utilising establishment mechanisms” to prevent unauthorised copying. He pointed out many works of art are registered as EU trademarks, by artists such as Andy Warhol and Keith Haring, “to prevent another party from taking advantage by copying the sign”. Banksy even put high-resolution versions of his work on his website and invited the public to download it.Īlso, in his book Wall and Piece, Banksy said “copyright is for losers” and the public was morally and legally free to reproduce and use any public copyright works.

These “most iconic and famous of his works” had been used in lots of merchandise, posters and graphic works but never by Banksy himself, who “has only ever reproduced the work as a work of art”.It said the work was “a work of graffiti sprayed in a public place” free to be photographed and disseminated widely. It sought to have trademarks cancelled on four Banksy works: Radar Rat, Laugh Now, Girl with an Umbrella and Bomb Hugger.

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