The fashion designer asked the suit to be dismissed, saying Nirvana doesn't own the copyright and there are pronounced differences between the designs.
Marc Jacobs is asking a judge to dismiss a lawsuit filed by Nirvana last December that alleged copyright infringement over images used in the fashion designer's "Bootleg Redux Grunge" collection resembling the band's iconic happy face logo.
In documents filed Friday in a California federal court and obtained by Billboard, the designer's lawyers argue Nirvana does not own the copyright to the smiley face design, that the registration is invalid and, further, that there are pronounced differences between the material covered by Nirvana's registration and the artwork used by Marc Jacobs. The news was first reported by The Blast.
"The Complaint stems from the false premise that the Plaintiff owns a U.S. copyright registration on a smiley face design (albeit a different one than the one found on the Accused Products), when in fact, that smiley face is merely a fraction of the full artwork covered by the registration and the remainder of the covered artwork is not alleged to have been used on the Accused Products," the motion reads. "For the reasons stated herein, the Complaint should be dismissed for failing to state a claim upon which relief can be granted with regard to each cause of action."