Marc Jacob Refutes NirvanaÂs Copyright Claims

Michael Coyle
March 14, 2019

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.

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Written By:

Michael Coyle

Michael is Lawdit’s Principal and heads our Commercial and Intellectual Property Department. As a Solicitor Advocate, he is one of a select group of legal experts qualified to represent clients as an advocate in the Higher Courts in England and Wales. He holds a Master of Laws degree (LL.M) from Nottingham Trent University and is a guest lecturer at Southampton Solent University. He has also completed a teaching stint at the Academy of Music in Guildford where Michael taught copyright law. Michael is highly regarded for his work in all areas of intellectual property law (which includes the eCommerce and IT fields), litigation and company/commercial matters. He regularly advises on non-contentious issues including regulatory and statutory obligations and has been involved in many successful disputes, with a strong reputation for finding common sense and practical solutions for clients. In 2017, Michael was awarded the honorary degree of Doctor of Law from Southampton Solent University for his contribution to the University and his continued support to its students.