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.
Courtney Love and the surviving members of Nirvana had battled for years following Kurt Cobain’s death in 1994. At one point they had dueling lawsuits over Nirvana money for some time. The trio ended their 20-year feud when Nirvana was inducted into the Rock and Roll Hall of Fame in 2014.
Love and Jacobs have been nice to each other since the lawsuit was filed. The designer celebrated the 25th anniversary of one of Love’s biggest albums. Back in August, Love posted in celebrating Hole’s 2nd album “Live Through This,” and Jacobs quickly liked the IG post and commented, “Best Album.”
The rocker recently posted a throwback with Elton John writing, “I had to post this. And it’s back story ., ! I had Had trouble with virgin airways that morning.. I was sort of arrested..then not arrested .. then to Old Vic .. kevin spacey told Elton that I would “ lower the tone” is what I have heard , then I’ve been told @davidfurnish stuck up for me.as did Elton. As always. I Fucking love them. Gave it 200 percent . So fun. Didn’t need to drink. See how that works? ?anyway. How dumb. ( the virgin airways nonsense, spacey if that’s true) How great?♀ Elton .. beyond a treasure . A god . ??????anyway, I wished aloud that I could wear Elton’s amazing Central Park Donald Duck suit to sing “ the bitch is back” in.. and . Presto ! That thing was MANIFESTED! But to me even crazier! ? Was to have been raised on radio , and to have been asked to sing , also, “don’t let the sun go down on me” with pretty much Ejs old school caribou band. Jesus! What an honor !”