Nirvana LLC’s lawsuit against fashion label Marc Jacobs and department stores Saks Incorporated and Neiman Marcus can move forward
The band claims the clothing designer infringed its copyright and trademark in the iconic design.
LLC’s lawsuit against fashion label Marc Jacobs and department stores Saks Incorporated and Neiman Marcus can move forward, a federal judge has ruled.denied the defendants’ motion to dismiss the suit. They are accused of copyright and trademark infringement, false designation of origin and unfair competition over the sale of a clothing line that bears a design Nirvana claims is substantially similar to the band’s iconic “happy face” logo.
In response, the defendants’ motion to dismiss alleged that Nirvana LLC had failed to establish that it was the rightful owner of the copyright registration for the happy face logo and that it had not demonstrated a substantial similarity between it and the logo used in the Marc Jacobs clothing line. Additionally, they claimed that because the original copyright registration had been for the happy face logo in tandem with other design elements -- i.e.
In his Friday decision ruling against the defendants’ motion to dismiss, the judge refuted each of these claims in turn, stating that Nirvana LLC’s original complaint sufficiently established that the band owns the copyright, that the happy face logo can be claimed as a protectable copyright separate from the rest of the design elements and that a simple visual review of the two logos side by side satisfied an extrinsic test of substantial similarity.
Regarding the trademark portion of the original complaint -- which is separate from copyright -- Kronstadt also refuted the defense's claim that Nirvana had failed to establish its use of the happy face as a trademark prior to the launch of the Marc Jacobs clothing line. He found that the band had “plausibly allege[d]” it has used the happy face as a trademark for more than 25 years.
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