Marc Jacobs, a famous American fashion designer, has long been engaged in a legal dispute with Nirvana for illegaly using the band’s trademark without any consent.
Last December he was sued by band members for creating a clothing collection that represented a smile similar to the one used by Nirvana.
In the first instance, the judge had stated that the confusion between the trademarks exists because they are sufficiently similar in their entirety. Confusion is therefore an act of unfair competition.
Recently, Marc Jacobs filed a motion to dismiss the complaint claiming that the band members do not know the true origin of the logo. Therefore, the absence of the people with knowledge of the creation of the alleged copyrighted work forms the basis for a complaint.
The court will decide the final sentence.