Banksy has lost a trademark battle over his famous and much copied work – Flower Thrower.

He famously created an image which stated ‘copyright is for losers’.

Despite what Banksy apparently feels about copyright, others like Getty Images might not agree so here’s a link to the image of the Flower Thrower –

https://www.artofprotestgallery.com/banksy

And to an image of ‘copyright is for losers’ – here – https://www.pinterest.co.uk/pin/107242034849616931/

Banksy applied for a trademark for Flower Thrower in 2014, years after he first created it on a wall in the West Bank in Israel. So, he might not believe in copyright but he still wants to own the image by registering it as a trademark. However, his plans have been dealt a blow as the EU Intellectual Property Office has declared the ‘Flower Thrower’ trademark invalid.

The Flower Thrower featured on the cover of Banksy’s 2006 book Wall and Piece, in which he expressed contempt for copyright laws and encouraged his fans to download his works for non-commercial purposes. He made his artwork freely available.

The EUIPO’s view is that that Banksy’s defining characteristic, his anonymity, is detrimental to his case. “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 canvases or his own property”. The EUIPO said that because of this anonymity Banksy cannot be identified as the unquestionable owner of such works as his identity is hidden nor can it be established without question that the artist holds any copyrights to graffiti.
The ruling also noted that, at the time of filing, Banksy “did not have any intention” to use the trademark. This could be damaging for more of Banksy’s trademarks. If there is no intention to use, then the mark is invalid.