Marc Jacobs Countersues Nirvana Over Smiley Face Logo Design

Last year, Nirvana filed a copyright suit against Marc Jacobs after the brand used a smiley face, much like the band’s logo in one of their collections. ⠀⠀⠀⠀⠀⠀⠀⠀⠀

The band sued Marc Jacobs on the terms that they owned and copyrighted the smiley face logo, adding that the late Kurt Cobain created the logo in 1991, and the band has been using it ever since on different types of licensed apparel. ⠀⠀⠀⠀⠀⠀⠀⠀⠀

But now, Marc Jacobs has come forward arguing that the band’s former members, Dave Grohl and Krist Novoselic, did not know for a fact if Cobain actually made the design.

“Mr. Grohl testified that he did not know who created the X-Eye Smiley Face,” a statement from the defendants stated. “Mr. Novoselic further testified regarding the X-Eye Smiley Face that, ‘this image had been around…it didn’t seem like a new idea.”⠀⠀⠀⠀⠀⠀⠀⠀⠀

Nirvana has argued that the use of the logo encouraged the grunge style and look, which is what Nirvana aimed to symbolize.

And apparently, Marc Jacobs confessed in a court filing in March that the doodle was “inspired by the vintage Nirvana concert t-shirts from the 1900s — the era of ‘grunge’ fashion.”⠀⠀⠀⠀⠀⠀⠀⠀⠀

But despite its admission, the company said Nirvana had not shown any legal documents showing Cobain to be the owner or creator of the design. ⠀⠀⠀⠀⠀⠀⠀⠀⠀

As a result, U.S District Judge John Kronstadt has ruled that Nirvana’s claim could continue since the band made acceptable copyright claims, and the defendants will be allowed to continue to look into how Nirvana gained the rights to the logo.