Intellectual Property Rights (EUIPO/PRH) – activating assignment

Poppy Dispute

Ask students to read the example case and answer the question below

In 2008, Marimekko stood up in defence of their rights against fashion giant Dolce & Gabbana. Dolce & Gabbana had used Marimekko’s poppy print, protected by a trademark, in their products.

Marimekko applied for a sales and marketing ban from a German court against the Dolce & Gabbana products which used the poppy print. The fashion giants finally settled the dispute against payment. The exact settlement sum was not published, but even according to very conservative estimates it was several millions.

Marimekko’s poppy print has appeared also on Manolo Blahnik shoes, Avon cosmetics set, walls of the Kone elevators and Hennes & Mauritz clothes. These cases differ from the Dolce & Gabbana case, since they used the poppy print as an authorised part of the licence sold by Marimekko.

Think why the poppy print is so important to Marimekko that it harnessed its lawyers and applied for a sales and marketing ban against the Dolce & Gabbana products which used the poppy print.

Consider this question together in a group and by yourself.

You can continue to use Intellectual Property Rights -learning material with students. You can access the study material here.