Seeking Legal Redress
Full Colour Black Ltd is pursuing an injunction and damages for defamation in the lawsuit.
Banksy and his company have been afforded an opportunity to respond to the High Court claim, marking the commencement of a consequential legal showdown.
“Banksy’s Social Media Misstep: £1.3 Million Legal Battle Looms”
Instagram Post Sparks High-Stakes Lawsuit
Famed graffiti artist Banksy finds himself at the center of a £1.3 million legal battle over an Instagram post he made in November 2022.
The post, featuring Banksy’s celebrated ‘Flower Bomber’ artwork displayed in the window of fashion retailer Guess, has ignited a contentious legal dispute.
The Controversial Instagram Post
Banksy’s Instagram post featured a caption that raised eyebrows: “Alerting all shoplifters. Please go to GUESS on Regent Street.
They’ve helped themselves to my artwork without asking, how can it be wrong for you to do the same to their clothes?”
The post prominently displayed the shop window, showcasing “Graffiti by Banksy,” alongside the logos of Guess and Andrew Gallagher’s ‘Brandalised’ name.
Legal Action by Full Colour Black Ltd
Full Colour Black Ltd, the company holding the ‘Brandalised’ trademark, has initiated a lawsuit against Banksy and his company, Pest Control Office Limited.
They are seeking £1,357,086 in alleged losses, contending that the Instagram post caused significant “serious harm” and “serious financial loss.”
Defamation Allegations
Full Colour Black Ltd argues that viewers of Banksy’s post, which boasts an audience of 11.9 million followers, may have inferred that the company “had stolen Banksy’s artwork by licensing images to GUESS without permission or other legal authority.”
This assertion is considered defamatory.
Full Colour Black Ltd maintains that their collaboration with GUESS to license a photograph of Banksy’s “Flower Bomber” artwork was legitimate.
Background on Trademark Disputes
The company had previously been embroiled in trademark disputes with Banksy from 2018 to 2022.
Banksy had contested the commercial use of his work, eventually leading to the cancellation of the ‘Flower Bomber’ trademark in September 2020.
Impact of the Instagram Post
The now-deleted Instagram post made a grave allegation that struck at the core of the Claimant’s business reputation.
It garnered both ‘likes’ and an “overwhelmingly negative” wave of comments directed at Mr. Gallagher’s company.
The repercussions extended to real-world disturbances, as a crowd gathered outside the GUESS store on Regent Street, London, causing disruptions and store closures.
Seeking Legal Recourse
Full Colour Black Ltd is pursuing an injunction and damages for defamation in the lawsuit.
Banksy and his company have been granted time to respond to the High Court claim, marking the commencement of a high-stakes legal confrontation.
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