Marc Jacobs is Countersuing Nirvana Over Smiley Face Logo
Nirvana, last month successfully lodged a lawsuit against the fashion designer for infringing on their iconic smiley face logo. Late last year the fashion brand, announced the the Marc Jacobs Redux Grunge Collection, which contained a T-shirt that shared a big similarity to Nirvana’s iconic logo. See below for a comparison.
Jacobs doubts that Cobain and his band created the smiley face logo in the first place, as The Hollywood Reporter reported Wednesday (Nov. 27). , Jacobs is seeking a declaration that the group’s copyright registration for the logo is invalid and unenforceable.
Lawyers for Jacobs have deposed surviving Nirvana members Dave Grohl and Krist Novoselic in an attempt to find out who created the logo. But the musicians testified they didn’t know who designed it only helping Jacobs case. In subsequent briefings, Nirvana’s lawyers fired back that neither musician got questioned on the basis as to if they believed Cobain was the logo’s creator.
“The apparent absence of any living person with first-hand knowledge of the creation of the allegedly copyrighted work in question, coupled with numerous other deficiencies in the 166 Registration that is the basis for Nirvana’s infringement claim are the basis for the counterclaim asserted,” Jacobs’ countersuit states.