After trying and failing to dismiss the copyright infringement lawsuit against him and his partners, the fashion mogul files a countersuit at the surviving members of the rock band.
- Nov 28, 2019
AceShowbiz - Fashion mogul Marc Jacobs is calling into question the originality of Nirvana's smiley face logo after the surviving members filed suit for copyright infringement.
The rockers launched legal action against Jacobs and his partners last year (18), accusing them of ripping off the group's design for the brand's Bootleg Redux Grunge T-shirts.
Jacobs tried and failed to have the case dismissed, so now he has filed a countersuit against the musicians and cast doubt over the origins of the black and yellow smiley face image, which was claimed to have been created by late frontman Kurt Cobain.
In California court papers filed on Tuesday, November 26, Jacobs suggests there is a lack of evidence to prove it was designed by Cobain, and is therefore seeking a declaration to have the band's copyright registration of the image ruled invalid and unenforceable, according to The Hollywood Reporter.
He previously argued the T-shirt design was unique enough not to be confused with Nirvana merchandise because his tops use the letters M and J for eyes, instead of the X shapes in Nirvana's logo.
The case continues.
