Nirvana Doesn’t Own Kurt Cobain’s Smiley-Face, Marc Jacobs Says

Nirvana L.L.C. hasn’t shown it owns singer Kurt Cobain’s smiley-face design, Marc Jacobs International LLC argued in asking a court to throw out Nirvana’s copyright infringement suit.

Jacobs also argues in its March 8 motion to dismiss that the copyright registration is invalid, the logo isn’t substantially similar to Jacobs’ artwork, and the band’s trademark claims are preempted by the Copyright Act.

Nirvana sued Marc Jacobs and retailers Saks Inc. and Neiman Marcus Group Ltd. for copyright and trademark infringement for selling clothing with a logo that is “obviously similar to, and an intentional copy of” Nirvana’s smiley face. The ...