Nirvana to settle lawsuit over smiley-face

 

July 9 (Reuters) – LVMH-owned (LVMH.PA), opens new tab fashion label Marc Jacobs, artist Robert Fisher and the surviving members of rock band Nirvana are settling a lawsuit over the rights to the band’s “smiley face” logo, according to a document filed in California federal court on Tuesday.

The parties told the court, opens new tab that they had accepted a mediator’s proposals to resolve their dispute and would finalize settlement agreements within 21 days.

Attorneys for Nirvana, Marc Jacobs and Fisher and spokespeople for Marc Jacobs and Nirvana’s label Universal Music Group (UMG.AS), opens new tab did not immediately respond to requests for comment and more details on the settlement.

Nirvana, grunge-rock pioneers and one of the best-selling bands of all time, sued Marc Jacobs in 2018 over the logo, a crudely drawn face with crossed-out eyes and a tongue-out smile. Nirvana told the court that Marc Jacobs had been using a “virtually identical” logo on its “Bootleg Redux Grunge” clothing collection without permission.

Nirvana’s surviving members said that late lead singer Kurt Cobain created the logo. New York-based Marc Jacobs responded in 2019 that the band’s company, Nirvana LLC, lacked enforceable rights in the logo.

Fisher asked to join the case in 2020 and said that he created the logo while working with the band in 1991, when he was an art director its label Geffen Records.

U.S. District Judge John Kronstadt said in 2023 that Geffen, not Fisher, would have owned the logo if Fisher made it, but did not decide whether Cobain or Fisher had created it.

The case is Nirvana LLC v. Marc Jacobs International LLC, U.S. District Court for the Central District of California, No. 2:18-cv-10743.

For Nirvana: Mark Lee of Rimon PC; Bert Deixler and Patrick Somers of Kendall Brill & Kelly
For Marc Jacobs: Michael Zinna of Kelley Drye & Warren

For Fisher: Inge De Bruyn of Modo Law

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Source: REUTERS