Copyright is for losers

Banksy on Trade Mark Law

Clemens Thiele

Zitiervorschlag: Clemens Thiele, Copyright is for losers, in: Jusletter IT 30. April 2025

This article examines the legal controversy surrounding Banksy’s trademarks and intellectual property rights. Banksy, known for his anti-establishment stance, has paradoxically sought legal protection for his artwork through EU trademarks via Pest Control Office Ltd. The study analyzes key EUIPO decisions on Banksy’s trademarks, particularly in relation to allegations of bad faith and conflicts with copyright law. It highlights the legal arguments supporting the coexistence of copyright and trademark protection, as well as the strategic shift towards design rights. Ultimately, the article emphasizes the complexity of intellectual property law in the context of anonymous street art.