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ARTICLE · 09 DECEMBER 2020

Nevermind: Who Really Owns Nirvana's Iconic Smiley Face Design?

Haynes and Boone, L.L.P.
Haynes and Boone, L.L.P.
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Haynes and Boone, L.L.P.

Haynes and Boone, L.L.P.

THE FIRM Founded in 1970, Haynes and Boone, LLP provides a full spectrum of legal services across...

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Nirvana files new complaint after discovery calls into question whether Kurt Cobain was truly the artist behind the band's highly-recognizable design..

United StatesIntellectual Property
Annie Allison
Annie Allison
Erin Hennessy
Erin Hennessy

Nirvana files new complaint after discovery calls into question whether Kurt Cobain was truly the artist behind the band's highly-recognizable design, with the band's infringement suit against fashion designer Marc Jacobs hanging in the balance.

Hey! Wait! Nirvana's got a new complaint! In its ongoing legal battle over the band's infamous "smiley face" logo, Nirvana LLC is now asking a California federal court to declare that Robert Fisher, a former art director for the band's label, does not own any rights to the design. It's the latest twist in a case with all the trappings of an IP law school exam question that leaves very little to smile about.

The overarching question in the case, involving Nirvana, fashion designer Marc Jacobs International LLC ("Marc Jacobs"), and now graphic designer Robert Fisher, is just who actually created the iconic design – the infamous smile with x's for eyes, and a crooked grin with its tongue hanging out – and, ultimately, who has

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