After a long two-year battle, British street artist Banksy has lost a lawsuit with a greetings card company, over his iconic ‘Flower Thrower’ piece. The loss comes as EU officials stated that he’d have to sacrifice his anonymity to win the suit, a price Banksy clearly wasn’t willing to pay.
The piece, which first appeared on a wall in Jerusalem in 2005, required the anonymous artist to obtain a European Union trademark for it (which he eventually did in 2014). However, a greetings card company, Full Colour Back, wanted to use the image. They eventually ended up challenging the trademark, stating that it was taken out in bad faith as Banksy never intended to use it for goods or services.
The EU panel seemed to agree with them, stating that “It is clear that when Banksy filed the EUTM, he did not have any intention of using the sign to commercialise goods or provide services.
“The predicament of Banksy’s right to the work ‘Flower Thrower’ is clear. To protect the right under copyright law would require him to lose his anonymity, which would undermine his persona. He cannot be identified as the unquestionable owner of such works as his identity is hidden.”
Pretty rough for Banksy, losing the trademark to one of his most iconic pieces like that. But huge respect for him prioritising his anonymity and the Banksy persona, over what would’ve saved him a tonne of money. Now, he’ll have to pay all the costs and fees incurred by Full Colour Black. He has two months to appeal the decision.