Marc Jacobs seeks to dismiss Nirvana lawsuit

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 r…

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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Defiant Marc Jacobs wears T-shirt Nirvana is suing him over

Marc Jacobs has posted a defiant photo of him wearing a Nirvana-style T-shirt after the band launched legal action against the design.Jacobs is seen posing on a private jet with his dog Neville by his feet on the way back from a festive trip to St. Bar…

Marc Jacobs has posted a defiant photo of him wearing a Nirvana-style T-shirt after the band launched legal action against the design.

Jacobs is seen posing on a private jet with his dog Neville by his feet on the way back from a festive trip to St. Barths, sporting a black top featuring a yellow smiley face with the letters M and J in place of the eyes and the word HEAVEN above it, from his re-released Bootleg Redux Grunge collection.

The top bears a striking resemblance to grunge band Nirvana’s yellow smiley face T-shirt – a trademark the group has owned since 1992.

Last month (Dec18), the band’s legal team began proceedings to sue Jacobs over the alleged theft of their logo.

Lawyers for Nirvana – originally made up of late frontman Kurt Cobain, bassist Krist Novoselic and drummer Dave Grohl – called the design a “blatant ripoff” and further alleged the Smells Like Teen Spirit hitmakers were one of the founders of the grunge music scene, so even the name of Jacobs’ collection is linked to them.

It seems some fans agree, with one posting under the new Instagram photo: “No talent, stealing designs and just for your ego.”

Another asked: “@themarcjacobs isn’t that the shirt you’re being sued over?”

“I get it probably wasn’t done out of disrespect, but I feel he would react the same way if someone jacked one of his creations. Seems rude as a fellow artist,” a third commented.

Jacobs, 55, is yet to comment on the lawsuit.

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