Wednesday, 02 January 2019 21:27

Nirvana Sues Over Smiley Face

Nirvana L.L.C. has brought suit in the U.S. District Court for the Central District of California against clothing designer Marc Jacobs International, Saks Fifth Avenue, and Neiman Marcus, along with a number of unidentified “Does” over use of the well-known smiley face logo allegedly created by the late Kurt Cobain in 1991. A copy of the Complaint can be found here.

Smiley Tees - Copy

Nirvana L.L.C. includes surviving band members Dave Grohl and Krist Novoselic, and the Kurt Cobain Estate controlled by his widow, Courtney Love.

The Complaint includes counts for Copyright Infringement and False Designation of Origin under the Lanham Act, as well as Trademark Infringement and Unfair Completion under California Common Law based on Marc Jacobs’ “Bootleg Redux Grunge” collection of clothing. For further information, see here.

It will be interesting to see the extent of protection which might be afforded to something as simple as a smiley face. :) 

Published in Copyright