Banksy Just Lost a Trademark Dispute, and His Anonymity Is in Jeopardy

We’re either about to find out who Banksy really is … or the mysterious artist is about to lose more trademarks.

According to The National Post, recent rulings by the European Union Intellectual Property Office have stripped the anonymous street artist of rights to a total of four of his works. Most recently, the British greeting cards company Full Colour Black persuaded the EU panel to cancel trademarks the artist obtained three years ago for his works Radar Rat and Girl with an Umbrella.

Full Colour Black, which recreates Banksy’s work, claimed the original art is simply graffiti sprayed in a public place, and the EUIPO agreed. “It was free to be photographed by the general public and has been disseminated widely,” the ruling states. “Banksy permitted parties to disseminate his work and even provided high-resolution versions of his work on his website and invited the public to download them and produce their own items.”

Another issue? The artist’s anonymity, which accounts for much of his fame. The EUIPO claims his “identity cannot be legally determined” and that “hinders him from being able to protect this art under copyright laws without identifying himself.” The panel also claims his trademark claims are conducted in “bad faith” as he has “departed from accepted principles of ethical behaviours or honest commercial and business practices.”

The artist had previously claimed “copyright is for losers” in his 2006 book Wall and Piece; however, he did apply for a trademark in 2018 and opened a store in 2019 that was created to help with the trademark disputes.

Another piece at the center of the latest trademark dispute is 2002’s Laugh Now But One Day We’ll Be in Charge , which shows a monkey holding a sandwich board. The legendary work was commissioned by a nightclub in 2002; a variation on the work sold for just under $2.1 million at a Christie’s auction.