Graffiti artist Banksy once said that "copyright is for losers". ____, after losing a two-year legal battle over the trademarking of his artwork The Flower Thrower, he may want to rethink his position Banksy’s legal troubles began when a British greeting card company called Full Colour Black began using Banksy’s art in their products. They then wanted to use his artwork The Flower Thrower, but Banksy was very ____ with Full Colour Black and what he viewed as their ____ of his art. Banksy did not want to copyright his works because doing so would require him to reveal his real name, which he has never done. As a result, his legal advisors recommended that he trademark the artwork to prevent any unauthorised use. Banksy did so, and opened a shop called Gross Domestic Product in South London, claiming "A greeting card company is contesting the trademark I hold to my art and attempting to take ____ of my name so they can sell their fake Banksy goods legally". Full Colour Black then started an ____ action, which asked for the cancellation of the trademark. Their position was that Banksy’s application had not been in ____ for two reasons. Firstly, the trademarking of his ____ was not possible because the artwork was already used so frequently by a number of companies that sell different products showing his art. The European Union Intellectual Property Office (EUIPO) agreed with Full Colour Black, stating "... his (Banksy’s) intention was not to use the mark as a trademark to commercialise ____ (...) butonly to ____ the law. These actions are ____ with honest practices". As a result, Banksy’s trademark was invalidated, and the decision also places Banksy’s other trademark ____ at risk. And, secondly, the artist has known and accepted this ____ practice in the past, which is shown by his statement about the unimportance of copyright.The ____ between Banksy and Full Colour Black raises an interesting question: Why did Banksy choose to trademark instead of copyright his art? The requirements for copyright state that the work must be original. Banksy’s art is his own. No one helped him with it, and it came from his own ideas. Furthermore, copyright law requires the work to be ____. You can ____ see and touch Banksy’s work. It is not just an idea in his mind. Therefore, the artwork could be protected by ____ easilyBut, what about a trademark? A picture can be a trademark. For example, the green and white mermaid for Starbucks coffee is a trademark, as is the Nikeswoosh. However, these images are very closely ____ to coffee or shoes and clothing, which are the commercial goods of Starbucks and Nike. The green and white mermaid tells coffee drinkers their coffee is from Starbucks, not another company. The trademark protects the company’s commercial interests. What are Banksy’s commercial goods? What is he selling? Not very much. His store had only a few things, like toy trucks, clothing and things for the home. He was also planning to give all the money to charity. This is ____, but what was the ____ type of good or service? It’s not easy to see, and the court agreed.

Ira

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