In the latest Banksy marketing and trademark enigma, fashion brand Guess partnered with a company called Brandalised to create a collection featuring Banksy art.
They never asked Banksy’s permission, so he told fans that since Guess helped themselves to his art, they should go help themselves to Guess clothes.
Here are details from one lawyer who summed it up as well as one could:
Copyright lawyer Liz Ward, founder of Virtuoso Legal, told Sky News: “If Brandalised don’t have permission to sublicense the artwork then Banksy will have to claim against both Brandalised and Guess for copyright infringement.
“The problem is that to do that it is highly likely that he will have to waive his anonymous status in court proceedings. After all his identity isn’t a state secret – just a marketing ploy!
“If Banksy has permitted the use of his artwork on clothing, then perhaps the outrage he is putting out there is some kind of guerrilla marketing campaign – or possibly just annoyance at the fact that they aren’t getting a cut of the action they think they deserve. Until further information is disclosed, then we really aren’t going to know any more. The enigma continues!”
Below are 3 more things:
1. A link to this Guess Banksy story
2. A link to another Banksy response to a related brand-coopting stunt another entity tried to pull back in 2019. That link is useful for anyone who wants a refresh on trademark nuance.
3. Photos of Banksy’s latest guerrilla installment in Borodyanka, Ukraine that he posted a week ago.
– Banksy IG post of his Borodyanka, Ukraine installment (excerpts below)