EUIPO Cancels Banksy's Trademark for 'Flower Thrower' Over Bad Faith

The European Union Intellectual Property Office (EUIPO) has declared null a trademark application by Banksy's Pest Control Office Ltd. for the iconic image 'Flower Thrower,' originally painted on a garage wall in Bethlehem. The decision, issued on September 14, 2020, found the application was filed in bad faith, as Banksy had no intention to use the image as a trademark and only began using it to avoid revocation for non-use, a fact the artist publicly admitted. The ruling has sparked debate in both mainstream and legal circles due to its broad interpretation of bad faith. Notably, the EUIPO also opined that street art may not be protected by copyright because it is often created without property owner permission (constituting a criminal act) and is placed in public spaces for all to view and photograph, potentially nullifying copyright. This echoes a 2019 Italian court order in a case brought by Pest Control against Milan's MUDEC museum, which similarly questioned copyright protection for street art, citing its public, ephemeral, and anti-establishment nature. However, the article by Gilberto Cavagna argues that a rigorous reading of Italian copyright law does not necessarily support this view, and the issue remains open for future judicial clarification.