December last year saw Nirvana LLC accusing fashion designer Marc Jacobs of copying its smiley face icon in the reissuing of his ÂBootleg Redux GrungeÂ collection.
The famous happy face illustration for the Nirvana ÂNevermindÂ album first appeared in 1991 and was trademarked a year later in 1992.
However, according to the fashion tycoon, the ÂHappy FaceÂ logo used in his fashion collection designed for Perry Ellis has nothing to with NirvanaÂs trademarked image. Instead, Jacob claims the Redux Grunge Collection was inspired solely by the alternative music ÂgrungeÂ scene.
The dismissal, filed on March 8th has Jacobs demanding the lawsuit against his brand, filed by Nirvana in December 2018, to be dismissed.
The document states Jacobs Âdrew inspiration from the looks that his friends were wearing in downtown Manhattan and in the Pacific NorthwestÂ and argues that Nirvana does Ânot own a copyright registration for just the X-Eye Smiley FaceÂ.
Nirvana has not yet responded to the filing for dismissal.