According to court documents obtained by The Blast, Jacobs filed a counterclaim in the lawsuit brought against him by Nirvana L.L.C.
Nirvana L.L.C. handles the band’s business and includes Love, Cobain, Grohl and Krist Novoselic. Last year, they sued Marc Jacobs accusing him of ripping off an iconic Nirvana logo featuring a smiley face. Jacobs has denied the allegations of wrongdoing. He says is designs are his solely and not a rip off. The parties recently failed to reach a settlement during mediation. The case will now head to trial.
In newly filed docs, Jacobs says, “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.”
Further, “The 166 Registration is invalid because, among other things, it does not disclose the covered work as a derivative work and upon information and belief, Nirvana did not have consent to produce a derivative work based upon the preexisting designs.”
Jacobs wants the court to find Nirvana’s copyright is invalid. He wants their lawsuit dismissed and his attorney fees covered.