The decades-old Nirvana smiley face logo is still causing strife between the band’s company and Marc Jacobs.
As Nirvana LLC’s copyright suit plays out in California federal court over the designer’s use of a similar smiley face in a grunge collection last year, the fashion brand has sought to zero in on a basic question: Who created the design?
“Mr. Grohl testified that he did not know who created the X-Eye Smiley Face,” according to the defendants’ position stated in the filing. “Mr. Novoselic also testified that he did not know who came up with the idea for the X-Eye Smiley Face. Mr. Novoselic further testified regarding the X-Eye Smiley Face that, ‘this image had been around.…It didn’t seem like a new idea.’”
Nirvana has basically argued that using this particular smiley face to evoke grunge, the cultural aesthetic and genre Nirvana has symbolized since its heyday, amounts to ripping off its intellectual property and implying a non-existent association with Nirvana. A representative for Nirvana indicated in a statement Monday that the company was prepared to continue litigating.
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