Marc Jacobs’ legal team have asked for a lawsuit brought about by Nirvana to be dismissed.
Nirvana’s surviving members Krist Novoselic and drummer Dave Grohl began the process of suing Jacobs in December (18) over a T-shirt motif in the fashion star’s re-released Bootleg Redux Grunge collection.
They claim the design, a yellow smiley face with the letters M and J in place of the eyes, is a copy of Nirvana’s yellow smiley face T-shirt – a trademark the group has owned since 1992.
But Jacobs’ lawyers disagree, and have asked for the lawsuit to be thrown out in documents filed in a California federal court.
They state that Jacobs was one of the originators of grunge, with his 1993 Grunge Collection a “groundbreaking” moment in the fashion world.
“It brought together high fashion and streetwear on the runway in a way that had never been done before. The debut of the SS93 Grunge Collection is now considered to be one of the most influential runway fashion shows of the 1990s,” they write.
His legal team also go on to cite Courtney Love, widow of late Nirvana frontman Kurt Cobain, who came up with the smiley face logo synonymous with the band, as a big fan of the Marc Jacobs brands.
They state after first meeting both Love and her then two-year-old daughter Frances Bean Cobain in 1994, the three forged a long-standing working relationship.
“As friends of the brand, Ms. Love and Ms. Cobain helped celebrate the release of the (Bootleg Redux Grunge) collection,” lawyers write. “Each woman was gifted designs from the collection. Ms. Love was invited to perform at the launch event for the collection in Los Angeles. Both Ms. Love and Ms. Cobain ‘liked’ and commented on the images of the collection that Mr. Jacobs posted on his Instagram feed, including, notably, images of Mr. Jacobs in the T-shirt that is one of the Accused Products. Ms. Love commented on one of the images of Mr. Jacobs in that shirt, saying, ‘Nice photo! Looks some what familiar (sic)! Amazing’.”
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