Nirvana logo and the March Jacobs logo side by side.
Fashion designer Marc Jacobs recently introduced a collection called “Bootleg Redux Grunge.” The collection highlights the fashion that was inspired by the music scene of the early nineties that came from Seattle, a scene that launched the bands Pearl Jam, Alice in Chains, Soundgarden and of course Nirvana. (Plus countless others) The collection also features a logo that resembles the Nirvana squiggly happy face logo. You know the one, with the x for eyes and the tongue sticking out with Nirvana written over the top of it? The Marc Jacobs version has the letters M and J for eyes with the word Heaven written over the top.
Nirvana, L.L.C, the plaintiff in the case, was formed in 1997. The company’s lawsuit is claiming that the sale of the smiley face-featuring Marc Jacobs products constitutes copyright infringement, false designation of origin, trademark infringement and unfair competition.
Now the lawyers for Marc Jacobs have fired back, stating:
“The Complaint stems from the false premise that the Plaintiff owns a U.S. copyright registration on a smiley face design (albeit a different one than the one found on the Accused Products), when in fact, that smiley face is merely a fraction of the full artwork covered by the registration and the remainder of the covered artwork is not alleged to have been used on the Accused Products,” the motion reads. “For the reasons stated herein, the Complaint should be dismissed for failing to state a claim upon which relief can be granted with regard to each cause of action.”
Time will tell to see how this plays out in court.
