Remember back in March I linked to an article about Banksy’s legal conundrum? “If Banksy wants to keep enforcing any of his trademarks in courts around the world, and avoid the risk of them being canceled for lack of use, he will need to show judges stronger evidence of his brands being used in the market.”
Well, here’s his response.
Gross Domestic Product: Banksy opens a dystopian homewares store
Tony the Frosted Flakes tiger sacrificed as a living room rug, wooden dolls handing their babies off to smugglers in freight truck trailers, and welcome mats stitched from life jackets: rather than offering an aspirational lifestyle, one South London storefront window depicts a capitalist dystopia. Created by Banksy and appearing overnight, Gross Domestic Product is the latest installation to critique global society’s major issues of forced human migration, animal exploitation, and the surveillance state.
In a statement about the project, Banksy explains that the impetus behind Gross Domestic Product is a legal battle between the artist and a greeting card company that is contesting the trademark Banksy holds to his art. Lawyer Mark Stephens, who is advising the artist, explains, “Banksy is in a difficult position because he doesn’t produce his own range of shoddy merchandise and the law is quite clear—if the trademark holder is not using the mark then it can be transferred to someone who will.”
Despite this project’s specific goal of selling work in order to allow Banksy to demonstrate the active use of his trademark, the artist clarifies, “I still encourage anyone to copy, borrow, steal and amend my art for amusement, academic research or activism. I just don’t want them to get sole custody of my name.”
All sales will be conducted online and, going by the reaction of those that have seen the shop so far, I expect everything will sell out very quickly, unfortunately.
Banksy shop featuring Stormzy stab vest appears in Croydon
A Banksy collector who came to see the display, said: “It’s brilliant. So good that it’s happening. I doubt he (Banksy) will turn up and go ‘hello lads, how are ya?’ But he’s obviously around.”
John, another Banksy enthusiast, who is on holiday in the UK from the United States, said: “It has all the earmarks of Banksy’s work. It’s graphic, it’s cheeky, it’s intelligent.”
This trademark/copyright issue might not be so straightforward, though, as this analysis from an intellectual property law academic explains. It’s worth a read.
How Banksy’s latest trademark row could backfire
Despite Banksy’s efforts to present himself as a down-to-earth, anti-conformist artist and paint the card company as the “bad guy”, this is more like a David v Goliath story – and Banksy is the giant here. Supported by a raft of experienced corporate lawyers and managers worldwide, his art is an undeniably powerful and commercially valuable industry.