After Full Colour Black started legal proceedings, Banksy opened an online store called Gross Domestic Product to sell his own range of merchandise. But the move left the EU examiners unconvinced.
“It was only during the course of the present proceedings that Banksy started to sell goods but specifically stated that they were only being sold to overcome non-use for trademark proceedings and not to commercialize the goods,” they wrote in their decision.
Citing Banksy’s stated contempt for intellectual property rights, the examiners also made clear that the artist’s choice to keep his identity secret hurt him in the “Flower Thrower” case.
“It must be pointed out that another factor worthy of consideration is that he cannot be identified as the unquestionable owner of such works as his identity is hidden,” they wrote. “It further cannot be established without question that the artist holds any copyrights to a graffiti. The contested (trademark) was filed in order for Banksy to…