Banksy's company loses urgent trademark case against Milan exhibition

Pest Control Office Ltd, the company managing Banksy's rights, filed an urgent lawsuit against 24 Ore Cultura S.r.l., organizer of the exhibition "The art of Banksy. A visual protest" at the Mudec in Milan. The claimant argued unauthorized use of the name "Banksy" and trademarked images (Girl with Balloon, Flower Thrower) in the exhibition title and promotional material. On January 15, 2019, the Milan Tribunal ruled that using the artist's name and images for exhibition promotion was lawful, as it is standard practice for solo shows. However, it ordered the museum to stop selling merchandise bearing the trademarks, as such use was not descriptive. The ruling addresses copyright issues in street art, noting that street art's public and ephemeral nature may imply a waiver of authorial rights. The decision contrasts with other cases, such as the Italian KayOne case (where a court protected street artist rights for works on canvas) and the US MSK vs. Cavalli case. Banksy's reliance on trademark rather than copyright is seen as a strategy to avoid revealing his identity.