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Banksy loses Trademark case.
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<blockquote data-quote="iluvatar5150" data-source="post: 75350239" data-attributes="member: 313046"><p>In both the UK and the US, copyright protection lasts 70 years beyond the death of the artist and the requirements for protecting it aren't remotely as burdensome as they are for a trademark - a trademark only lasts "in perpetuity" if you actively use it and defend it, whereas a copyright (at least in the US anyways) you can just let sit there while you collect royalties on it. If you don't register it or defend it, you lose some/all of your rights to punitive damages and you'll probably have a tougher time collecting back royalties in court, but at least in theory, the copyright remains yours. So, while a copyright doesn't last forever in the way that a trademark has the potential to, in any practical sense that's relevant to Banksy's lifetime, it's a much more durable form of IP. I don't understand what his thinking was and how his plan was supposed to play out. It kind of sounds like he was trying to be a little too clever.</p></blockquote><p></p>
[QUOTE="iluvatar5150, post: 75350239, member: 313046"] In both the UK and the US, copyright protection lasts 70 years beyond the death of the artist and the requirements for protecting it aren't remotely as burdensome as they are for a trademark - a trademark only lasts "in perpetuity" if you actively use it and defend it, whereas a copyright (at least in the US anyways) you can just let sit there while you collect royalties on it. If you don't register it or defend it, you lose some/all of your rights to punitive damages and you'll probably have a tougher time collecting back royalties in court, but at least in theory, the copyright remains yours. So, while a copyright doesn't last forever in the way that a trademark has the potential to, in any practical sense that's relevant to Banksy's lifetime, it's a much more durable form of IP. I don't understand what his thinking was and how his plan was supposed to play out. It kind of sounds like he was trying to be a little too clever. [/QUOTE]
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Banksy loses Trademark case.
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