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I am not a lawyer first of all but this is my understanding: If you buy a greeting card with Banksy art on it do you think you are getting an official licensed

I am not a lawyer first of all but this is my understanding: If you buy a greeting card with Banksy art on it do you think you are getting an official licensed print? The greeting card company here says no, you aren't confused, because Banksy doesn't sell official merch. By selling official stuff he is fighting back saying he certainly is selling official stuff (now) and the card company selling cards with his art can be confused for something he endorses.

em-bee 7y ago
so if disney didn't sell merchandise using their characters, i could do so myself without impunity? i find that hard to believe. if i buy a banksy greeting card then i most definitely assume that it is licensed because i would not consider that they'd be allowed to do so without licensing. if that is the issue though, wouldn't it be enough for banksy to put a price on the license? you want to sell banksy greeting cards, you need to get a license from banksy. he just needs to put the price high enough to make it worth his while, and/or to make it unprofitable for the would-be licensee.
- pixelbath 7y ago
  At least in the US, trademark law is use it or lose it. If you are not selling products bearing your trademark, you are not actually engaging in "trade" with your "mark." Copyright law is automatic, but it does complicate things if the original author of a copyrighted work is unknown or difficult to contact. For licensing, you need a name and address of an entity to license from. The whole idea behind Banksy's art is that he's anonymous, so precludes the idea of licensing his work. > you want to sell banksy greeting cards, you need to get a license from banksy That is exactly the sort of thing opening a store with tangible goods will allow.
  - em-bee 7y ago
    the store allows me to sell my own products. i should not need a store to sell you a license to use my trademark. banksy is using his mark, and so is disney. i am making the difference between disney movies and disney merchandise. how would disney merchandise not infringe on disney movies if they are created by independent companies without permission?

em-bee 7y ago

so if disney didn't sell merchandise using their characters, i could do so myself without impunity? i find that hard to believe. if i buy a banksy greeting card then i most definitely assume that it is licensed because i would not consider that they'd be allowed to do so without licensing. if that is the issue though, wouldn't it be enough for banksy to put a price on the license? you want to sell banksy greeting cards, you need to get a license from banksy. he just needs to put the price high enough to make it worth his while, and/or to make it unprofitable for the would-be licensee.

pixelbath 7y ago
At least in the US, trademark law is use it or lose it. If you are not selling products bearing your trademark, you are not actually engaging in "trade" with your "mark." Copyright law is automatic, but it does complicate things if the original author of a copyrighted work is unknown or difficult to contact. For licensing, you need a name and address of an entity to license from. The whole idea behind Banksy's art is that he's anonymous, so precludes the idea of licensing his work. > you want to sell banksy greeting cards, you need to get a license from banksy That is exactly the sort of thing opening a store with tangible goods will allow.
- em-bee 7y ago
  the store allows me to sell my own products. i should not need a store to sell you a license to use my trademark. banksy is using his mark, and so is disney. i am making the difference between disney movies and disney merchandise. how would disney merchandise not infringe on disney movies if they are created by independent companies without permission?