Banksy Launches Homewares Shop In Dispute over Trade Mark

The famous graffiti and street artist Banksy, has launched a pop-up shop called ‘Gross Domestic Product’ in London following a legal dispute over the trade mark to his art. A trade mark is a sign, word or a symbol which enables customers to identify goods or services as coming from one particular source, even though they may not know the identity of the source. Banksy has stated that a greetings card company is contesting his trade mark rights to his art, name and imagery. He further commented that the unnamed company are “banking on the idea” that he will not show up in court to defend himself.

The opening of the shop highlights the repercussions faced by trade mark holders not using their mark as the mark can potentially be transferred to someone who will use it. In the UK, trade mark law is predominantly governed by the Trade Marks Act 1994 and EU law. It is important that trade marks are used in order to uphold their validity and their ability to be enforced against third parties. The use of a trade mark must be for genuine commercial use, therefore the mark must be used on goods or services. Accordingly, this is why Banksy’s lawyer suggested that he start his own merchandise range and open a shop as a solution.

The owner of a mark can obtain some rights without registering their mark. An individual who uses a mark acquires ‘goodwill’ in relation to that mark. Goodwill is the quality or reputation which causes a customer to use one particular good or service rather than any other. The owner of a trade mark can take legal action against another trader who uses that mark in a way which confuses the customer or the public into believing that his goods or services are those of the owner of the mark. This action is defined as ‘passing-off’. In contrast, a third party can apply to revoke a registered trade mark if:

• the trade mark has not been used for five years,
• the mark was registered in bad faith,
• the mark has been used in a misleading manner
• or the use of the mark has become generic.

Trade marks provide important protection for your brand and your business. If you require legal assistance regarding trade marks, then please do not hesitate to contact Christopher Buck, Associate Partner in our Business Services Department who will be happy to assist. 01908 660966 or Christopher.buck@franklins-sols.co.uk.