When Wanksy met Banksy

Wanksy who hails from Ramsbottom nr Manchester ( I kid you not) has been highlighting the pothole problem for some time by drawing a penis around the pothole.

One such image can be seen above and is taken from Wanksy’s facebook page.

Banksy has two registered trade marks

https://www.ipo.gov.uk/tmtext/ShortList?From=Results and could he so wanted challenge Wanksy’s use on the following grounds

For Banksy to prove infringement he would have to establish not only that the relevant section of the public had to establish a link between Banksy and Wanksy but he would also have to show three types of “injury”:

The three types of injury are dilution tarnishment and unfair selection or freeriding

Detriment to the distinctive character of the mark
Detriment to the repute of the mark.
Taking unfair advantage of the distinctive character or repute of the trade mark
To be frank with you I dont think Banksy will mind and I cannot see this case reaching the High Court!!


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