Two of the Marc Jacobs products that allegedly infringed on the famed Nirvana ‘smiley face’ logo. Photo Credit: Digital Music News
The better part of a decade later, Nirvana and Marc Jacobs have officially settled their dispute over the band’s famed “smiley face” design.
This image-focused case kicked off way back in 2018, when Nirvana’s namesake company sued Marc Jacobs and others for allegedly infringing on the relevant design. Though it perhaps goes without saying in light of the legal battle’s length, the courtroom confrontation delivered multiple dismissal motions, depositions, and counterclaims, besides one consolidation to boot.
On the latter front, art director Robert Fisher also claimed to be the maker and owner of the smiley face; it was suggested as well that Kurt Cobain had created the image, with major ownership implications for each possibility.
Long story short, Nirvana maintained that Marc Jacobs had infringed on the logo, the defendant designer challenged the validity and enforceability of the copyright at hand, and word of a settlement finally surfaced in July of 2024.
We promptly reported on that proposed settlement, the result of a mediator’s recommendations, and noted that the resolution was subject to an official submission as well as approval from the presiding judge.
Subsequently, late September saw Nirvana and Marc Jacobs jointly request dismissal with prejudice – while simultaneously asking the court to “enter an order retaining jurisdiction over this matter to enforce the parties’ settlement agreement.”
An October 10th deadline was then set for any objections – an important point given that Fisher, who only jumped into the action as an intervenor plaintiff to assert his alleged ownership of the logo, had previously appealed a December of 2023 summary judgement.
In relevant part, said summary judgement found “that, assuming Fisher drew the Smiley, it was a work for hire for Geffen and, assuming Cobain drew the Smiley, Nirvana owns the rights to the Smiley.” For obvious reasons, the determination didn’t sit right with Fisher, hence the appeal.
Shifting back to the present, Fisher doesn’t seem to have set forth a formal objection, and Judge John A. Kronstadt formally signed off on the aforementioned dismissal stipulation from Nirvana and Marc Jacobs.
Consequently, “all claims and counterclaims…are dismissed with prejudice,” per that order, and all involved “parties are responsible for their own attorneys’ fees and costs incurred in this action.”
Notwithstanding the case’s resolution, another legal battle pertaining to Nirvana IP – and specifically the cover of Nevermind – is still in full swing. Plaintiff Spencer Elden, the individual who appeared clothes-free on the well-known album’s cover as a baby and now alleges to be the victim of child pornography, saw the case revived on appeal late last year.
Discovery has apparently been in full swing as of late, and the district court just recently confirmed an October 23rd deadline for a joint summary judgment brief.
