Banksy is unperturbed by his work the 'Flower Thrower' being used as an emblem of protest; he is less keen on it being moentised by corporations. EPA
Banksy is unperturbed by his work the 'Flower Thrower' being used as an emblem of protest; he is less keen on it being moentised by corporations. EPA
Banksy is unperturbed by his work the 'Flower Thrower' being used as an emblem of protest; he is less keen on it being moentised by corporations. EPA
Banksy is unperturbed by his work the 'Flower Thrower' being used as an emblem of protest; he is less keen on it being moentised by corporations. EPA

Art

Banksy suffers 'devastating' defeat in battle over most famous artwork

Street artist once wrote 'copyright is for losers' – and now he's a lost a trademark battle

Tim Kiek

September 17, 2020

  • English
  • Arabic

Banksy has lost the trademark on one of his signature creations, a ruling that could set a precedent for other works in the UK street artist's oeuvre.

The Bristol-born cult hero applied for copyright on Flower Thrower  in 2014, nine years after he first created it on a wall in Bethlehem.

The gallery below depicts Banksy's work in the West Bank and Gaza.

A graffiti by British street artist Banksy showing a dove with a bulletproof vest is seen in the Israeli occupied West Bank town of Bethlehem on March 15, 2017. AFP
A graffiti by British street artist Banksy showing a dove with a bulletproof vest is seen in the Israeli occupied West Bank town of Bethlehem on March 15, 2017. AFP
Two men are sitting in front of a famous graffiti of British street artist Banksy, painted on a wall of a gas station in the West Bank city of Bethlehem on December 16, 2015. AFP
Two men are sitting in front of a famous graffiti of British street artist Banksy, painted on a wall of a gas station in the West Bank city of Bethlehem on December 16, 2015. AFP
A Palestinian boy walks past a Banksy mural of children using an Israeli army watch tower as a swing ride in Beit Hanoun, Gaza, as seen on April 10, 2015. EPA
A Palestinian boy walks past a Banksy mural of children using an Israeli army watch tower as a swing ride in Beit Hanoun, Gaza, as seen on April 10, 2015. EPA
'The Flower Thrower', arguably one of the most famous works by Banksy, depicts a masked Palestinian man throwing a bouquet of flowers, seen in Bethlehem on December 12, 2018. EPA
'The Flower Thrower', arguably one of the most famous works by Banksy, depicts a masked Palestinian man throwing a bouquet of flowers, seen in Bethlehem on December 12, 2018. EPA
Palestinians ride a motorcycle past words thought to be painted by British street artist Banksy on the wall of destroyed homes in Beit Hanoun town in northern Gaza. Pictured on April 10, 2015. EPA
Palestinians ride a motorcycle past words thought to be painted by British street artist Banksy on the wall of destroyed homes in Beit Hanoun town in northern Gaza. Pictured on April 10, 2015. EPA
A work by Banksy, seen in Bethlehem in December 2007. The stencilled work has been interpreted to depict a small girl in a dress, thought to be Palestinian, frisking an Israeli soldier. EPA
A work by Banksy, seen in Bethlehem in December 2007. The stencilled work has been interpreted to depict a small girl in a dress, thought to be Palestinian, frisking an Israeli soldier. EPA
An armed Palestinian policeman stands before 'The Armoured Dove', a graffiti painting by Banksy depicting a peace dove wearing a flak jacket with crosshairs on the bird's chest, painted on a wall at the entrance to the West Bank city of Bethlehem, as photographed on January 6, 2019. EPA
An armed Palestinian policeman stands before 'The Armoured Dove', a graffiti painting by Banksy depicting a peace dove wearing a flak jacket with crosshairs on the bird's chest, painted on a wall at the entrance to the West Bank city of Bethlehem, as photographed on January 6, 2019. EPA
Banksy opened The Walled Off Hotel in Bethlehem in 2017. EPA
Banksy opened The Walled Off Hotel in Bethlehem in 2017. EPA
A view through a window inside The Walled Off Hotel. EPA
A view through a window inside The Walled Off Hotel. EPA
A room at The Walled Off Hotel in Bethlehem with a work by Bansky, depicting an Israeli soldier and a Palestinian protester during a pillow fight. EPA
A room at The Walled Off Hotel in Bethlehem with a work by Bansky, depicting an Israeli soldier and a Palestinian protester during a pillow fight. EPA
A graffiti mural of a kitten by Banksy, on the wall of the Al Shimbari family's home, which was damaged during the 2014 conflict between Israel and Hamas, in Beit Hanoun in northern Gaza. Seen on February 27, 2015. EPA
A graffiti mural of a kitten by Banksy, on the wall of the Al Shimbari family's home, which was damaged during the 2014 conflict between Israel and Hamas, in Beit Hanoun in northern Gaza. Seen on February 27, 2015. EPA
'Scar of Bethlehem' is a modified nativity set that Banksy created for the Walled Off Hotel in Bethlehem in December 2019 . EPA
'Scar of Bethlehem' is a modified nativity set that Banksy created for the Walled Off Hotel in Bethlehem in December 2019 . EPA
A rumoured work by Banksy, depicting a camel with human figures climbing up and down its legs. Seen on December 4, 2007. EPA
A rumoured work by Banksy, depicting a camel with human figures climbing up and down its legs. Seen on December 4, 2007. EPA
A stencilled work by Banksy, showing an Israeli soldier asking a donkey for its identity card, seen on December 4, 2006. EPA
A stencilled work by Banksy, showing an Israeli soldier asking a donkey for its identity card, seen on December 4, 2006. EPA
A mural by Banksy in Beit Hanoun, as seen in February 2015, depicts a bent figure wearing a head scarf, painted on the door of a home destroyed by the Israeli military in 2014. EPA
A mural by Banksy in Beit Hanoun, as seen in February 2015, depicts a bent figure wearing a head scarf, painted on the door of a home destroyed by the Israeli military in 2014. EPA
Graffiti thought to be by Banksy, as seen in December 2007 in Bethlehem. The white donkey has what appears to be a small Palestinian village on its bac,k and the black donkey carries on its back what appears to be a modern Israeli town. The work was not signed by Banksy. EPA
Graffiti thought to be by Banksy, as seen in December 2007 in Bethlehem. The white donkey has what appears to be a small Palestinian village on its bac,k and the black donkey carries on its back what appears to be a modern Israeli town. The work was not signed by Banksy. EPA
Banksy street art on the entrance to the Aida refugee camp in Bethlehem, as seen on April 18, 2019. EPA
Banksy street art on the entrance to the Aida refugee camp in Bethlehem, as seen on April 18, 2019. EPA
This stencil of a tank being towed away on the wall of a house on a main street in Bethlehem is credited to Banksy, but not signed, as seen December 4, 2007. EPA
This stencil of a tank being towed away on the wall of a house on a main street in Bethlehem is credited to Banksy, but not signed, as seen December 4, 2007. EPA

Somewhat, ironically the work featured on the cover of his 2006 book Wall and Piece, in which Banksy ridicules copyright laws and exhorts his fans to download his works for non-commercial purposes.

But card makers Full Colour Black failed to adhere to this caveat leading to a two-year legal battle over trademarks, which Banksy has now lost

“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 canvasses or his own property," the EU Intellectual Property Office panel 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.”

The panel said that should the secretive artist ever wish to apply for copyright patents for his other artworks, he would struggle to do so while maintaining his fiercely guarded cloak of anonymity.

Aaron Mills of Blaser Mills represented the victorious Full Colour Black in the battle, and was quick to put the boot in, describing the ruling as a "devastating" blow for Banksy.

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