End of Banksy? Enigmatic artist could lose right to use his own name

Infamous anonymous graffiti artist Banksy is taking a greeting card company to court over the use of his own name.

And his team could be forced to speak publicly for the first time as part of the legal battle to keep using his trademark.

The anonymous artist has trademarked the name ‘Banksy’ and says he has used this to sell artwork and merchandise.

But Full Colour Black, a greeting card company which sells recreations of Banksy’s famous works, claims he hasn’t used the Banksy trademark and it should be cancelled for ‘non-use’.

The case is set to kick off at the tribunal at the Intellectual Property Office in April – where one of Banksy’s team will have to give evidence that Banksy has actually used his trademark.

It could be the first time someone speaks on Banksy’s behalf in public – previous statements and announcements from the artist have come directly through his Instagram account, or via his firm Pest Control Office.

In a rare public statement, Banksy said: ‘A greetings card company is contesting the trademark I hold to my art, and attempting to take custody of my name so they can sell their fake Banksy merchandise legally.’

Pest Control Online, which charges to authenticate Banksy artworks, says it’s sold items including clocks, cushions, mugs, t-shirts and a handbag through its online store.

A source told The Sun: ‘They will have to stand up like a ventriloquist’s puppet and say Banksy’s words in the tribunal.

‘Banksy may be in court but we won’t know who he is.

‘He’s had the registrations for years and hasn’t used them.

‘Everyone and his dog uses Banksy descriptively, when you see Banksy describing something you don’t necessarily think it comes from Banksy, it doesn’t function as a trademark anymore.

‘He hasn’t sold things with the word Banksy, he doesn’t do spin off and merchandise.

‘Him owning the trademark is problematic for the industry, it allows Pest Control to flex their muscles in a way that is potentially unfair for competition.

‘Someone from Pest Control will be put in the tribunal and swear on the bible and will be grilled on what they do, and all these various facts, and finally say something on the record.’

Banksy has been stripped of the trademarks for his artwork before, with Full Colour Black taking him to court in 2020 and 2021.

He lost the trademarks for Flower Thrower, Radar Rat, and Girl with Umbrella, after the EU panel ruled he had filed for them ‘in bad faith’ because he had no intention of commercialising his images.

Andrew Gallagher, owner of Full Colour Black, is suing Banksy for defamation in a separate case over an Instagram post allegedly encouraging people to steal from the Regent Street branch of GUESS.

Back in 2022, in response to the brand allegedly using his artwork without permission, Banksy said: Attention all shoplifters.

‘Please go to GUESS on Regent Street. They’ve helped themselves to my artwork without asking, how can it be wrong for you to do the same to their clothes?’

Several animal-themed artworks appeared overnight across London last year, with Banksy taking responsibility for many of them.

A piece depicting monkeys has since been disappeared, and one at London Zoo was removed for ‘safekeeping’ after a number of his other pieces were defaced or stolen.

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