Nirvana Sues Marc Jacobs, Retailers Over Smiley Face Logo

December 31, 2018, 5:53 PM UTC

Marc Jacobs International LLC is ripping off Nirvana’s “smiley face” logo, according to a lawsuit the band filed in the U.S. District Court for the Central District of California.

The acclaimed rock band accuses Marc Jacobs, as well as retailers Saks Inc. and Neiman Marcus Group Ltd., of selling clothing with a logo that is “obviously similar to, and an intentional copy of” Nirvana’s smiley face.

Nirvana has copyrighted and used its logo, designed by late frontman Kurt Cobain, since the early 1990s, according to the complaint.

Marc Jacobs uses a “virtually identical” logo on items of its “Bootleg Redux Grunge” clothing collection, Nirvana claims. The very name of this collection indicates these products are unauthorized, and the advertising for this collection makes clear references to Nirvana songs “Smells Like Teen Spirit” and “Come As You Are,” the band claimed.

Marc Jacobs and the retailers ignored Nirvana’s cease and desist demands, the band said.

Nirvana is suing for copyright infringement, trademark infringement, false designation of origin, and unfair competition. it’s asking the court to block the sale of the allegedly infringing clothing, and the use of Nirvana’s name, song titles, or marks. It’s also seeking unspecified damages.

Representatives of Marc Jacobs, Saks, and Neiman Marcus could not be immediately reached for comment.

The case is Nirvana LLC v. Mark Jacobs Int’l LLC, C.D. Cal., No. 18-10743, filed 12/28/18.


To contact the reporter on this story: Brian Flood in Washington at bflood@bloomberglaw.com

To contact the editors responsible for this story: Jo-el J. Meyer at jmeyer@bloomberglaw.com; Nicholas Datlowe at ndatlowe@bloomberglaw.com

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