We have probably all seen the famous image of a masked man throwing a bouquet of flowers in Leroy Merlin, Ikea, Empik, or other popular stores.
The artwork described above is called “Flower Thrower,” which was created in Jerusalem in 2005, and it has recently become the subject of a dispute. In 2014, Banksy decided to register his design as a trademark to protect it from unauthorized use by other companies. Initially, the artist succeeded in obtaining trademark protection, but after two years, this decision was reversed.
Full Colour Back, a company that produces greeting cards featuring works such as “Flower Thower,” challenged the protective right to the trademark, arguing that Banksy is an anonymous person who never intended, nor intends, to commercially exploit his works. As a result, the case went to the European Union Intellectual Property Office (EUIPO). Interestingly, at the same time, the artist opened the Gross Domestic Product store, offering his works to all interested consumers. This, which seemed like a good intention and at the same time an argument in favor of winning the dispute – along with the artist’s anonymity – ultimately led to his defeat.
EUIPO, in considering the case, stated that Banksy’s anonymity means that he cannot be unequivocally recognized as the author of “Flower Thower,” as copyright can only be granted to individual persons who can prove that they are the creators. Furthermore, according to the Office, all the works created by Banksy were created on someone else’s property, without permission, i.e., on walls, not on canvases or in buildings belonging to the author or other property of his. Interestingly, EUIPO also referred to the store established by the artist, which offered his works. According to the Office, this was intended to circumvent the law, not to commercialize the works in a way that would justify the use of the trademark. As a result, Banksy lost the dispute over his own work.
At this point, it is undoubtedly possible to expect that other companies in the decorative, paper, and artistic industries will begin to massively use the “Flower Thower” work, without fear of any legal action by the anonymous artist. Thus, in this case, Banksy’s anonymity has brought him more harm than good. Who knows, maybe in the future the artist will decide to reveal himself?
Fill out the form and we will get back to you within the next … with a preliminary quote.
