Courtney Love, Dave Grohl and Frances Bean-Cobain have scored a victory in their Nirvana legal battle against fashion designer Marc Jacobs after a judge allowed the case to move forward.
According to court documents obtained by The Blast, a federal court judge has informed the fashion designer that Jacobs’ motion to dismiss the case brought by Nirvana L.L.C. will be denied.
A hearing was recently held where the judge told both sides that the tentative ruling is to deny the motion but an official ruling will come shortly. The decision means the lawsuit will continue on despite Jacobs’ attempts to have it thrown out.
Last year, Nirvana L.L.C. sued Marc Jacobs accusing the famed designer of ripping off their iconic Nirvana image of a smiley face, which they claim to have trademarked.
Love is a member of a company that owns Nirvana L.L.C., the company suing Jacobs.
Courtney Love, Frances Bean Cobain, Dave Grohl and Krist Novoselic are all going to have to come together as one in the legal battle, with Jacobs planning on calling on all of them to testify.
Nirvana L.L.C. believes the damages by Jacobs total in excess of $1 million.
The suit took issue with a collection by Marc Jacobs named “Bootleg Redux Grunge,” which featured a similar looking smiley face on socks, shirts, and sweaters.
Jacobs’ fired back and defended himself, claiming he basically introduced the world to grunge. He even called out Courtney Love and Frances Bean Cobain, saying they had been close friends for decades.
The designer argued that since his original “grunge” collection, he has referenced the style in many collections. He said the smiley face, in his work, was his own creation and not Nirvana’s.
Since Cobain’s death in 1994, Love and the surviving members of Nirvana had battled for years over the rights to the lucrative royalties.
The trio ended their 20-year feud when Nirvana was inducted into the Rock and Roll Hall of Fame in 2014.