The Italian fashion house Dolce & Gabbana has applied to the EU's Office of Harmonization for the Internal Market (OHIM) for the cancellation of the registration of the
Unikko
("poppy") textile pattern of the Finnish company Marimekko in its interior textiles, clothing, and hats.
Marimekko has been locked in a dispute with D & G on allegations that the Italian company has copied its floral pattern. For instance, in Germany some Dolce & Gabbana products have been banned from stores because of legal action taken by Marimekko.
Marimekko's Unikko design is the company's international calling card, and its use has been liscenced for use by shoe mogul Manolo Blahnik, clothing manufacturere H&M, and has even been used by the Queen of England as a portrait backdrop. The design has been used in everthing from clothing to kitchenware.
The dispute emerged when Marimekko took legal action after learning that Dolce & Gabbana was using a pattern in some of its clothing with a striking similarity to Marimekko's Unikko, designed by Maija Isola.
Dolce and Gabbana's version is at first glace identical, but upon closer inspection there are slight differences, such as a lack of stem on the flowers. The development is suprising in light of D & G's aggressive anti-imitation and anti-counterfeiting efforts when it comes to own products.
Marimekko head of communications Marja Korkeela sees the company's action as normal protection of incorporeal rights. "It is Marimekko's practice that if products are seen on the market, which resemble those of Marimekko, we will always launch an investigation", Korkeela says.
Marimekko sees D & G's application to invalidate its pattern as unfounded. It has until September to give a response to the Italian company's application.
OHIM handles about 600 applications for trade mark invalidation each year. About half of them are approved.