According to court documents obtained by The Blast, Courtney Love, Frances Bean Cobain, Dave Grohl and Krist Novoselic are moving to dismiss the claim in court.
Last month, Marc filed a counterclaim in the case brought against him by Nirvana LLC. The LLC was created to handle the band’s business. The LLC is comprised of Courtney, Frances, Dave and Krist.
Nirvana LLC accused the designer of ripping off an iconic Nirvana logo design featuring a yellow smiley face. They claim despite them owning the trademark, the designer used the logo without permission in his collection. They are seeking in excess of $1 million in damages.
The designer denied the allegations and claimed he basically invented grunge in the ’90s. He said his designs are his solely and not stolen.
In his counterclaim, Marc demanding the court order Nirvana’s copyright was invalid. He argued,, “Nirvana’s claim for copyright infringement against Counterclaim Plaintiffs is predicated upon the existence of a certain smiley face design shown in the Complaint and allegedly created by Kurt Cobain in 1991 that is now purportedly owned by Nirvana as a result of multiple transfers in writing and by operation of law. This allegation finds no support in the sworn testimony of David Grohl and Krist Novoselic, the two surviving members of the band Nirvana, who could not identify the creator of the disputed work in sworn testimony.”
In newly filed documents, Nirvana LLC denies all the allegations in Marc’s lawsuit. They want it throw out and their attorney fees covered.
In the original lawsuit, Nirvana LLC took issue with a collection by Marc Jacobs named “Bootleg Redux Grunge,” which featured a similar looking smiley face on socks, shirts, and sweaters.
Love and the surviving members of Nirvana had fought for years following Kurt Cobain’s death in 1994. At one time they had dueling lawsuits over Nirvana money. They ended their 20-year feud when Nirvana was inducted into the Rock and Roll Hall of Fame in 2014.