[ad_1]
The Intellectual Property Office of the European Union does not grant the artist any rights to the graffiti “Flower Thrower” used for commercial purposes by Full Color Black: the choice of anonymity does not impose the legal conditions to prove that he is the ‘author
by Marilena Pirrelli
The European Union Intellectual Property Office does not grant the artist any rights to the graffiti “Flower Launcher” used for commercial purposes by Full Color Black: the choice of anonymity does not impose the legal conditions to prove that he is the ‘author
2 ‘reading
Banksy risks his authorship: he lost the two-year legal battle over the “Flower Thrower” against the greeting card company. Full color black Since the EU Intellectual Property Commission (EUIPO), the European Union Intellectual Property Office in charge of managing the trademarks of the European Union, does not grant Banksy any rights to that work given its choice of remain anonymous, therefore not being in the legal conditions to prove to be the legitimate author of the graffiti. In short, they write: “It cannot be established without arguing that the artist has copyright in a work of street art.” For the laws governing copyright, the author must declare himself the owner of the work, but this would force Banksy to leave anonymity, which seems impossible.
The ruling by the EUIPO Office, which is based in Spain, refers to one of Banksy’s most famous graffiti showing a masked protester throwing a bouquet of flowers, which first appeared on a wall in Jerusalem in 2005.
The mysterious artist, whose iconic graffiti appeared overnight on buildings around the world, had gained EU recognition for that image in 2014. But two years ago, Full Color Black, as he intended to use it, appealed to the EUIPO office, arguing that the trademark had been used in bad faith as Banksy never intended to use it to market goods or services by presenting it in the open store. in 2019 in South London, called “Gross Domestic Product”. The operation served to protect her trademark and show that she was using the image of her works “commercially” to defend herself against legal disputes in England. Lawyer Aaron Wood, on behalf of Full Color Black, said that anyone could use his images right now. “Banksy’s entire portfolio of brands is now at risk,” the lawyer told the BBC.
“The plight of Banksy’s right to ‘Flower Thrower’ is clear. To protect the right under the copyright law, it would force her to lose her anonymity, which would undermine her artistic personality “, they detect from European offices. And furthermore, “she cannot be identified as the undisputed owner of these works since her identity is hidden.” Banksy had filed the trademark to guarantee “legal rights to the[opera d’arte] as it cannot be based on copyright, but this does not have a trademark function ”. The EU commission declared the trademark invalid and ordered Banksy and his legal representative to pay the costs and fees incurred by Full Color Black. Any appeal must be filed within two months.
