According to court documents obtained by The Blast, the parties attended a settlement conference on October 16, to “try and resolve their differences.”
The report states the parties “did not succeed in settling the action” and were unable to reach a resolution. As a result, the case will now move forward to a full out trial.
Last year, Nirvana L.L.C. sued Marc Jacobs accusing him of ripping off an iconic Nirvana logo with a smiley face. They claim despite having the trademark for the image, the designer used the logo without permission. The lawsuit is seeking in excess of $1 million dollars in damages.
The lawsuit took issue with a collection by Marc Jacobs named “Bootleg Redux Grunge,” which featured a similar looking smiley face on socks, shirts, and sweaters.
The designer fired back and denied all allegations of wrongdoing. He basically introduced the world to grunge. Jacobs even called out Courtney Love and Frances Bean Cobain, saying he had been close friends with them for decades.
In court documents, Jacobs claimed since his “grunge” collection he has referenced the style in many collections. He said the smiley face in question is his own work and not Nirvana’s design.
The designer demanded the lawsuit be dismissed. The judge denied his motion and allowed the case to move forward. The parties were ordered to attend the mediation in an attempt to settle, which didn’t end up happening.