Banksy Loses EU Copyright Case Against Greeting Card Company Over 'Flower Thrower'

Banksy, the elusive street artist, has faced a setback in a copyright dispute against the greeting card firm Full Colour Black, which has reproduced his stencil artwork 'Flower Thrower' (also known as 'Love Is In The Air'). Examiners from the EU intellectual property office determined that Full Colour Black operates legitimately, highlighting that Banksy’s merchandise sales were initiated primarily to address trademark non-use concerns rather than for authentic commercial reasons. In October 2019, he opened a shop in Croydon, London, to assert ownership of his creations. The EU office also raised doubts about Banksy’s status as the definitive owner of his art due to his anonymous persona and questioned the applicability of copyright to graffiti. Lawyer Mark Stephens noted Banksy’s challenges stem from not creating his own merchandise, as trademark law permits transfer if the mark isn't actively used. Additionally, Banksy's 2005 piece 'Show Me The Monet' is set to be auctioned at Sotheby's on September 21, with an estimated price between £3-5 million. The 'Flower Thrower' first emerged in 2003 on the Israeli-Palestinian separation wall, and Full Colour Black previously sold a limited edition gesso plaster toy sculpture of the artwork attributed to owner Andrew Gallagher.