Banksy could lose the right to his own name as he faces a bitter legal challenge to take his trademark away from him.
The millionaire graffiti artist, whose team could be made to go public in court, is being forced to defend his trademark of the word Banksy to sell images and merchandise.
The case is being brought by Full Colour Black, a greeting card company that sells recreations of Banksy’s work, The Sun has reported.
The company owned by Andrew Gallagher has claimed the faceless artist has not used the Banksy trademark and that it should be cancelled for ‘non-use’.
Moreover, one of Banksy’s team will be required to give evidence at a tribunal in the spring to fight against the claims, a source has claimed.
This would be the first time someone would be forced to speak on Banksy’s behalf in public.
The source told the Sun that Banksy, who previously said that ‘copyright was for losers’, could even be in court but ‘we won’t know who he is’.
Banksy’s identity has remained shrouded in secrecy since he launched his street art 25 years ago.
However, in 2008 The Mail on Sunday launched an investigation in 2008 naming Robin Gunningham as the Bristol artist. His identity nevertheless remains unconfirmed.
Banksy is already being sued for defamation by Mr Gallagher in a separate case over an Instagram post where he allegedly urged fans to go and ‘help themselves’ to clothes from GUESS on Regent Street.
In a post to his 11.5million followers on Instagram, the reclusive artist called out for shoplifters to give the clothing brand a taste of their own medicine after they reportedly used his artwork without permission.
‘Attention all shoplifters’, he wrote in November 2022.
‘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?’
Trademarks offer legal protection over a brand or product, giving the owner the rights to take legal action if someone uses the brand without permission.
They also allow the to sell or license the brand to third parties if necessary.
In the most recent case, one of Banksy’s representatives will need to give evidence that the faceless artist has sold items of merchandise between 2017 and 2022.
His firm Pest Control Office say they have sold various products including mugs, clocks and a handbag, The Sun report continued.
In 2021, Banksy was stripped of the trademarks for two of his works Radar Rat and Girl with Umbrella.
Radar Rat is considered one of Banksy’s most iconic works and appeared on a wall in London in 2004 while Girl with Umbrella was created in 2008 in New Orleans.
The Sunday Telegraph reported that Full Colour Black convinced the EU panel to cancel the trademarks.
In two separate judgements, the EU panel ruled that Banksy had filed for the trademarks in ‘bad faith’ because he had no intention of commercialising his images.
The year prior to the ruling, Banksy was also stripped of his first trademark for his work the Flower Thrower after a two-year legal battle with Full Colour Black.
Judges pointed to the fact that ‘he cannot be identified as the unquestionable owner of such works as his identity is hidden’.
Banksy is one of the world’s most elusive artists and began his street art career 25 years ago.
He is also known for his headline-making stunts, such as leaving an inflatable doll dressed as a Guantanamo prisoner in Disneyland, California, and hanging a version of the Mona Lisa – but with a smiley face – in the Louvre, Paris.
Last August, Banksy unveiled the eighth addition to his animal-themed artwork spree across London.
The elusive artist posted a picture of his mural to his official Instagram showing a rhino mounting a Nissan Micra with a traffic cone on its bonnet on Westmore Street in Charlton, south east London.
It came after the giant fish tank on a police sentry box in London appeared following dark silhouette images of a goat, elephants, monkeys, a wolf, pelicans and a cat.
MailOnline has contacted Full Colour Black and Banksy’s representatives for comment.
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