Spot the difference: Nirvana sues Marc Jacobs over smiley face logo

You don’t have to have been a teenager in the ’90s, or even a fan of Nirvana, to recognise the band’s distinctive stoned-out smiley face logo, which has become ubiquitous on T-shirts, hoodies and other items over the last quarter of a century. The image was created by late Nirvana frontman Kurt Cobain in 1991 and has been used by the band in its promotional material since 1992.

Although the logo has appeared in shops and market stalls around the world in unlicensed, illegal reproductions, it is its use by fashion icon Marc Jacobs that has proved a bridge too far for the surviving members of Nirvana.

Jacobs, who made his name in the ’90s with a grunge-inspired high-fashion show that Cobain reportedly hated, has released a new collection titled Redux Grunge that features T-shirts (cheekily titled Bootleg Grunge) with designs obviously modelled on the band’s logo.

The shirts feature the smiley, with the original’s crosses for eyes replaced by the letters M and J, printed in the same yellow on black used by Nirvana, underneath the word “Heaven”. The shirts retail in the US for $115 (about R1,6k) and a sweatshirt version sells for $195 (about R2,7k).

Nirvana have brought a case of copyright infringement against the designer, according to a recent article in Forbes. They’ve also complained about Jacobs’ use of a clip from their seminal music video for Smells Like Teen Spirit in an Instagram post to promote his Redux Grunge range and an image of the designer wearing a Heaven T-shirt above the words “Come As You Are”, a reference to the Nirvana song.

In papers filed in support of the lawsuit, Nirvana described Jacobs’ actions as “oppressive, fraudulent and malicious” and claim they have “caused Nirvana to suffer irreparable injuries” and “threaten to dilute the value of Nirvana’s licenses with its licensees for clothing products”, according to a report in The Guardian.

The band has included luxury New York department stores Saks Fifth Avenue and Neiman Marcus in the suit for selling Jacobs’ unlicensed products.

The lawsuit is the latest controversy to hit Jacobs, whose brand has been accused by fashion watchers of failing to keep up with younger, more competitive labels and is estimated to have suffered regular annual losses of more than $57-million over the last few years.

There’s no word yet on how much is being sought in damages from Jacobs and former band members Dave Grohl, Krist Novoselic and Cobain’s widow Courtney Love have refused to comment. However, it seems Jacobs may well have a case to answer and, if it goes against him, plenty of money to fork out.